shall fix such time as it thinks reasonable for the delivery of the award, and specify such time in the order 1. When once a matter is referred to arbitration, the Court shall not deal with it in the same suit 2, except as hereinafter provided 3. ference is 509. If the reference be to two or more arbitrators, pro- When revision shall be made in the order for a difference of opinion to two or among the arbitrators 4, (a) by the appointment of an umpire, or (b) by declaring that the decision shall be with the majority, if the major part of the arbitrators agree, or (c) by empowering the arbitrators to appoint an umpire, or (d) otherwise, as may be agreed between the parties; or, if they cannot agree, as the Court determines. If an umpire is appointed, the Court shall fix such time as it thinks reasonable for the delivery of his award in case he is required to act 5. 7 more, order to provide for differ ence of opinion. etc. of arbi 510. If the arbitrator, or, where there are more arbitrators Death, inthan one, any of the arbitrators, or the umpire, dies, or refuses, capacity, or neglects or becomes incapable to act, or leaves British India trators or umpire. under circumstances showing that he will probably not return at an early date, the Court may in its discretion either appoint a new arbitrator or umpire in the place of the person so dying, or refusing, or neglecting, or becoming incapable to act, or leaving British India, or make an order superseding the arbitration, and in such case shall proceed with the suit". 8 511. Where the arbitrators are empowered by the order of reference to appoint an umpire and fail to do so, any of the Appoint ment of umpire by Court. Powers of arbitrator parties may serve the arbitrators with a written notice to appoint an umpire; and if, within seven days after such notice has been served, or such further time as the Court may in each case allow, no umpire be appointed, the Court, upon the application of the party who has served such notice as aforesaid, may appoint an umpire. 512. Every arbitrator or umpire appointed under section 509, section 510 or section 511 shall have the like powers appointed as if his name had been inserted in the order of reference. or umpire under secs. 509, 510, 511. Summoning wit nesses. Punishment for default, etc. Extension of time for making award. 513. The Court shall issue the same processes to the parties and witnesses whom the arbitrators or umpire desire or desires to examine, as the Court may issue in suits tried before it. Persons not attending in accordance with such process, or making any other default, or refusing to give their evidence, or guilty of any contempt to the arbitrator or umpire during the investigation of the matters referred, shall be subject to the like disadvantages, penalties and punishments, by order of the Court on the representation of the arbitrator or umpire, as they would incur for the like offences in suits tried before the Court. 514. If, from the want of the necessary evidence or information, or from any other cause 1, the arbitrators cannot complete the award within the period specified in the order, the Super- Court may, if it thinks fit 2, either grant a further time, and from time to time enlarge the period for the delivery of the award 3, or make an order superseding the arbitration, and in such case shall proceed with the suit 5. session of arbitration. When umpire may 515. When an umpire has been appointed he may enter on arbitrate in the reference in the place of the arbitrators, lieu of arbitrators. (a) if they have allowed the appointed time to expire without making an award, or (7), when they have delivered to the Court or to the umpire a notice in writing, stating that they cannot agree 6. 1 Such as the illness of one of the 3 The application for extension and Such order is appealable, sec. 588, cl. (25). 58 All. 548. 6 Where an umpire has been appointed the Court may extend the time within which the award is to be submitted, 4 Mad. 311. 3 516. When an award in a suit has been made, the persons Award to be signed who made it1 shall sign it2 and cause it to be filed in court , and filed. together with any depositions and documents which have been taken and proved before them; and notice of the filing shall be given to the parties. may state 517. Upon any reference by an order of the Court, the Arbitrators or umpire arbitrators or umpire may, with the consent of the Court, state the award as to the whole or any part thereof in the special form of a special case for the opinion of the Court; and the Court shall deliver its opinion thereon; and such opinion shall be added to and form part of the award. 5 case. 518. The Court may, by order, modify or correct an Court may, award, on application, modi award (a) where it appears that a part of the award is upon a fy or correct matter not referred to arbitration, provided such part can be certain separated from the other part and does not affect the decision' cases. on the matter referred, or () where the award is imperfect in form, or contains any obvious error which can be amended without affecting such decision 7. costs of 519. The Court may also make such order as it thinks fit Order as to respecting the costs of the arbitration, if any question arise arbitrarespecting such costs and the award contain no sufficient tion. provision concerning them 3. 520. The Court may remit the award or any matter When referred to arbitration to the reconsideration of the same arbitrators or umpire, upon such terms as it thinks fit, (a) where the award has left undetermined any of the award or matter referred to arbitration may be remitted. Grounds aside matters referred to arbitration, or where it determines any matter not referred to arbitration 1; (b) where the award is so indefinite as to be incapable of execution 2; (c) where an objection to the legality of the award is apparent upon the face of it 3. 521. An award remitted under section 520 becomes void on for setting the refusal of the arbitrators or umpire to reconsider it. But no award shall be set aside except on one of the following grounds (namely)— award. Judgment to be ac award. (a) corruption or misconduct 5 of the arbitrator or umpire; (b) either party having been guilty of fraudulent concealment of any matter which he ought to have disclosed, or of wilfully misleading or deceiving the arbitrator or umpire ; (c) the award having been made after the issue of an order by the Court superseding the arbitration and restoring the suit; and no award shall be valid unless made within the period allowed by the Court 6. 522. If the Court sees no cause to remit the award or cording to any of the matters referred to arbitration for reconsideration in manner aforesaid, and if no application has been made to set aside the award, or if the Court has refused such application, the Court shall, after the time for making such application 7 has expired, proceed to give judgment according to the award, 1 3 Mad. 68. 2 An award must be construed by looking to its language, not by help of the oral evidence of the arbitrators, 3 N. W. P. 117. 32 All. 181, 186. Applications that awards be remitted under this section must, it seems, be made within ten days after the award has been filed, 2 Ind. Jur. N. S. 16, cited by O'K. 490. 4 7 Suth. Civ. R. 406. 5 i. e. legal, not moral, misconduct, 9 All. 253, 264, following Russell, 6th ed. 677. Refusal to reconsider an award remitted is misconduct, 3 Suth. Civ. R. 168: so is signing the award without having attended or taken any interest in the proceedings, 22 ibid. 418. 68 All. 543, 548. An order setting aside an award is merely interlocutory, not subject to appeal, but only to revision by an appellate Court, II Cal. 174, dissenting from 4 Cal. 231. The Allahabad High Court declined to revise such an order, 5 All. 293. i. e. ten days from the day on which the award is submitted to the Court, Act XV of 1877, Sched. II, art. 158. or, if the award has been submitted to it in the form of a special case, according to its own opinion on such case. follow. Upon the judgment so given a decree shall follow, and Decree to shall be enforced in manner provided in this Code for the execution of decrees. No appeal shall lie from such decree except in so far as the decree is in excess of, or not in accordance with, the award 1. to refer to filed in 523. When any persons agree in writing 2 that any dif- Agreement ference between them 3 shall be referred to the arbitration of arbitration any person named in the agreement or to be appointed by any may be Court having jurisdiction in the matter to which the agreement court. relates, the parties thereto, or any of them, may apply that the agreement be filed in court 4. tion to be tered. The application shall be in writing, and shall be numbered Applicaand registered as a suit between one or more of the parties numbered interested or claiming to be interested as plaintiff or plaintiffs, and regisand the others or other of them as defendants or defendant, if the application have been presented by all the parties, or, if otherwise, between the applicant as plaintiff and the other parties as defendants. show cause On such application being made, the Court shall direct Notice to notice thereof to be given to all the parties to the agreement against other than the applicants, requiring such parties to show filing. cause, within the time specified in the notice, why the agreement should not be filed. 1 as given by the arbitrators, not as amended by the Court under sec. 518, 8 All. 449. The question whether an appeal lies under section 522 against a decree given in accordance with an award depends on whether the award was valid and legal, 11 Cal. 41, following 9 Cal. 905 and 6 All. 174. Section 522 assumes that the conditions existed for passing a decree, that is to say, an award regularly and properly arrived at by arbitrators duly appointed, 6 Mad. 415. See too 8 All. 449, where Mahmud J. held that the words 'in award' are meant to enable excess... |