1982 Ed.]
Arbitration
[CAP. 341
7. Where relief by way of interpleader is granted and it appears to the Court that the claims in question are matters to which an arbitration agreement, to which the claimants are parties, applies, the Court may direct the issue between the claimants to be determined in accordance with the agreement.
Reference of interpleader issues to arbitration.
1950 c. 27, s. 5.
Arbitrators and Umpires
8. Unless a contrary intention is expressed therein, every arbitration agreement shall, if no other mode of reference is provided, be deemed to include a provision that the reference shall be to a single arbitrator.
9. Where an arbitration agreement provides that the reference shall be to 2 arbitrators, one to be appointed by each party, then, unless a contrary intention is expressed therein-
(a) if either of the appointed arbitrators refuses to act, or is incapable of acting, or dies, the party who appointed him may appoint a new arbitrator in his place;
(b) if, on such a reference, one party fails to appoint an arbitrator, either originally, or by way of substitution as aforesaid, for 7 clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference and his award shall be binding on both parties as if he had been appointed by consent:
Provided that the Court or a judge thereof may set aside any appointment made in pursuance of this section.
10. (1) Unless a contrary intention is expressed therein, every arbitration agreement shall, where the reference is to 2 arbitrators, be deemed to include a provision that the 2 arbitrators may appoint an umpire at any time after they are themselves appointed and shall do so forthwith if they cannot agree. (Amended, 10 of 1982; s. 4)
(2) Unless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to include a provision that if the arbitrators have delivered to any party to the arbitration agreement, or to the umpire, a notice in writing stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators.
(3) At any time after the appointment of an umpire, however appointed, the Court may, on the application of any party to the reference and notwithstanding anything to the contrary in the arbitration agreement, order that the umpire shall enter upon the reference in lieu of the arbitrators and as if he were a sole arbitrator.
When reference is to a single arbitrator. 1950 c. 27, s. 6.
Power of parties in certain cases to supply vacancy. 1950 c. 27, s. 7.
Umpires.
1950 c. 27, s. 8. 1979 c. 42, s. 6(1).
7
1982 Ed.]
Arbitration
[CAP. 341
7. Where relief by way of interpleader is granted and it appears to the Court that the claims in question are matters to which an arbitration agreement, to which the claimants are parties, applies, the Court may direct the issue between the claimants to be deter- mined in accordance with the agreement.
Reference of interpleader issues to arbitration.
1950 c. 27, s. 5.
Arbitrators and Umpires
8. Unless a contrary intention is expressed therein, every arbitration agreement shall, if no other mode of reference is pro- vided, be deemed to include a provision that the reference shall be to a single arbitrator.
9. Where an arbitration agreement provides that the refer- ence shall be to 2 arbitrators, one to be appointed by each party, then, unless a contrary intention is expressed therein-
(a) if either of the appointed arbitrators refuses to act, or is incapable of acting, or dies, the party who appointed him may appoint a new arbitrator in his place;
(b) if, on such a reference, one party fails to appoint an arbitrator, either originally, or by way of substitution as aforesaid, for 7 clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference and his award shall be binding on both parties as if he had been appointed by consent:
Provided that the Court or a judge thereof may set aside any appointment made in pursuance of this section.
10. (1) Unless a contrary intention is expressed therein, every arbitration agreement shall, where the reference is to 2 arbitrators, be deemed to include a provision that the 2 arbitrators may appoint an umpire at any time after they are themselves appointed and shall do so forthwith if they cannot agree. (Amended, 10 of 1982; s. 4)
(2) Unless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to include a provision that if the arbitrators have delivered to any party to the arbitration agreement, or to the umpire, a notice in writing stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators.
(3) At any time after the appointment of an umpire, however appointed, the Court may, on the application of any party to the reference and notwithstanding anything to the contrary in the arbitration agreement, order that the umpire shall enter upon the reference in lieu of the arbitrators and as if he were a sole arbitrator.
When reference is to a single arbitrator. 1950 c. 27, s. 6.
Power of parties in certain cases to supply vacancy. 1950 c. 27, s. 7.
Umpires.
1950 c. 27, s. 8. 1979 c. 42, s. 6(1).
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