1964_CO-OPERATIVE_SOCIETIES_RULES — Page 21

1964 Ed.]

Co-operative Societies Rules.

[CAP. 33

A 21

[Subsidiary]

(b) if an arbitrator nominated by one of the parties to the dispute dies, or refuses or neglects to act, or by absence or otherwise becomes incapable of acting, the Registrar shall call upon the party concerned to nominate a new arbitrator within such time as the Registrar may specify, and if no new arbitrator is nominated accordingly, the Registrar may nominate one himself;

(c) if the arbitrator who dies, or refuses or neglects to act, or becomes incapable of acting, was nominated by the Registrar, a new arbitrator shall be nominated in his place by the Registrar; and

(d) the opinion of the majority of the arbitrators shall prevail.

74. (1) The proceedings before the arbitrator or arbitrators shall, as nearly as possible, be conducted in the same way as pro- ceedings before a court of law, and in particular the following provisions shall have effect in respect thereof-

(a) notice of the time and place at which the proceedings are to be held shall be given to the parties to the dispute, and such notice shall be a ten days' notice;

(b) a record of the evidence adduced before the arbitrator or arbitrators shall be made, dated and signed by the arbitra- tor or arbitrators;

(c) documents produced as exhibits before the arbitrator or arbitrators shall be marked, dated and initialled by the arbitrator or arbitrators and shall be attached to the file of the proceedings; and

(d) in the absence of any party duly notified to attend, the dispute may be decided by the arbitrator or arbitrators ex parte.

(2) The award of the arbitrator or arbitrators shall-

(a) be in writing:

(b) be dated and signed by the arbitrator or arbitrators; and (c) state the amount of the costs and expenses of the arbitra- tion, if any, and by which party or parties to the dispute the same are to be paid.

(3) Upon the completion of the proceedings the arbitrator or arbitrators shall forward to the Registrar-

(a) the file of the proceedings, and

(b) the award.

Proceedings before the arbitrator or arbitrators.

before the Registrar.

75. Where, in pursuance of paragraph (a) of subsection (2) Proceedings of section 49 of the Ordinance, the Registrar exercises the power of deciding a dispute himself, the proceedings before him in re- lation thereto shall, as nearly as possible, be conducted in the same way as proceedings before a court of law and rule 73. shall apply mutatis mutandis to such proceedings.

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