Rule 7. The rules of Court in force under "The King's Bench Act" as to parties suing and defending on behalf of other persons having the same interest and as to persons under disability and partners suing and being sued shall, with the necessary modifications, apply to proceedings by way of arbitration under this Act.

Request for arbitration.

Particulars.

Forms of

request and particulars

APPLICATION FOR ARBITRATION

Rule 8. (1) An application for the settlement of any matter by arbitration shall not be made unless and until some question has arisen between the parties, and such question has not been settled by agreement.

(2) Where any question has arisen and has not been settled by agreement, an application for the settlement of the matter by arbitration shall be made by the applicant filing with the registrar a request for arbitration, intituled in the matter of the Act and in the matter of the arbitration, which request shall state concisely the question which has arisen, and shall, with the subsequent proceedings thereon, be recorded in the special register hereinafter mentioned.

(3) Particulars shall be appended or annexed to the request, containing

(a) A concise statement of the circumstances under which the application is made, and the relief or order which the applicant claims;

(b) The date of service of notice of the accident on the employer, or, if such notice has not been served, the reason for such omission; and

(c) The full names and addresses of the respondents and of the applicant, and of his solicitor, if the proceedings are commenced through a solicitor.

Rule 9. (1) The request and particulars may be according to such one of the forms in the appendix as shall be applicable Forms 1 to 11. to the case, with such modifications as the nature of the case may require.

Application

(2) A copy of the notice of the accident shall be appended or annexed to the particulars. If this rule cannot be complied with, the reason for the omission shall be stated in the particulars.

Rule 10. (1) When an employer on whom a claim for comby employer. pensation has been made desires to make an application for the settlement of any matter by arbitration, he shall file a request for arbitration in accordance with rule 8, to which

the workman, or the legal personal representative, if any, and the persons claiming or who may be entitled to claim to be dependants of a deceased workman, or the other persons (as the case may be) on whose behalf the claim was made, shall be respondents.

(2) Particulars shall be appended or annexed to the request, containing—

(a) A concise statement of the circumstances under which the application is made;

(b) A statement whether the applicant admits his liability to pay compensation, or denies such liability, wholly or partially, with (in the latter case) a statement of the grounds on and extent to which he denies liability;

(c) A statement of the matters which the applicant desires to have settled by arbitration; and

(d) The full names and addresses of the respondents and of the applicant, and of his solicitor, if the proceedings are commenced through a solicitor.

judge and

Rule 11. The applicant shall deliver to the registrar with Copies for the request and particulars a copy thereof for the judge or respondents. arbitrator, and a copy for each respondent to be served.

applicant is

Rule 12. Where the applicant is illiterate and unable to Where furnish the required information in writing, the request illiterate. and particulars and copies shall be filled up by the registrar's clerk.

PROCEEDINGS ON ARBITRATION BEFORE JUDGE-FIXING

DAY AND PLACE FOR ARBITRATION

arbitration.

Rule 13. (1) On the filing of a request for arbitration, Fixing day the registrar shall transmit a copy of the request and partic-and place for ulars to the judge, who shall as soon as conveniently may be (if he decides to settle the matter himself) appoint a day and hour for proceeding with the arbitration. Such day shall be so fixed as to allow the copies of the request and particulars to be served on the respondents at least twenty clear days before the day so fixed.

(2) The arbitration shall be held at the place designated by the judge.

(3) Provided, that the judge may direct that the arbitration shall be held at any other place than the place at which the court is usually held within the district or judicial

Notice to parties.

Notice where employer is applicant.

Form 13.

Service on

division of the court, on application in that behalf made by any party to the arbitration, and on such party filing an undertaking to provide at his own expense a place to the satisfaction of the judge in which the arbitration may be held, and to pay the necessary expenses of the judge and officers of the court attending at such place.

(4) If such direction is given before the notices mentioned in the next following rule are issued, the registrar shall insert in such notices the place at which the arbitration has been so directed to be held.

(5) If such direction is given after such notices have been issued, the registrar shall forthwith send notice by post to the parties of the place at which the arbitration has been so directed to be held.

NOTICE OF DAY FIXED

Rule 14. (1) On the day for proceeding with an arbitration being fixed, the registrar shall give or send by post notice in writing to the applicant, stating the place at which and the day and hour on and at which the arbitration will be proceeded with, and shall issue the copies of the request and particulars, under the seal of the court, for service on the respondents, together with notices, under the seal of the court, stating the place at which and the day and hour on and at which the arbitration will be proceeded with, and that if the respondents do not attend in person, or by their solicitors, such order will be made and proceedings taken as the judge may think just and expedient.

(2) Where the request is filed by an employer, the notices to be served on the respondents shall be modified by the omission of the words therein relating to the denial or admission of liability to pay compensation.

SERVICE ON RESPONDENTS

Rule 15. (1) The copies and notices mentioned in the last respondents. preceding rule shall be served on the respondents at least twenty clear days before the day fixed for proceeding with the arbitration.

(2) The copies and notices mentioned in the last preceding rule may be served

(a) By a bailiff of a court;

or, at the request of the applicant or his solicitor,

(b) By the applicant, or some clerk or servant in his permanent and exclusive employ; or

(c) By the applicant's solicitor, or a solicitor acting as agent for such solicitor, or some person in the employ of either of them, or some person employed by either of them to serve such copies and notices, who might be so employed to serve a writ in an action in the Court of King's Bench.

sub-sects.

(3) Service may be effected either in accordance with Act, sect. 5, the rules as to service of summonses, or by registered post in (a), (h). accordance with the provisions of sub-sections (g) and (h) of section 5 of the Act with reference to service of notice in respect of an injury, and the provisions of those sub-sections shall apply to such service.

? effected

than by

(4) Where service is effected otherwise than by a bailiff, Where service a copy of the document served, with the date and mode of otherwise service indorsed thereon, shall within three clear days next bailiff. after the date of service, or such further time as may be allowed by the registrar of the court issuing such document, be delivered or transmitted to such registrar by the appliThe applicant shall also (unless the respondent files an answer) after the time limited for filing an answer, deliver or transmit to the registrar an affidavit of the service of such document.

cant.

(5) Where a document is served by post it shall, unless Service by the contrary be proved, be deemed to have been served at the post. time when the letter containing the same would have been delivered in the ordinary course of post, and in proving the service of such document it shall be sufficient to prove that the same was properly addressed and registered.

STAY OF PROCEEDINGS

arbitrations

liability in

Rule 16. Where several requests for arbitration are filed by Stay of different applicants against the same respondent in the same in other proceedings court in respect of matters arising out of the same circum- to abide stances, the respondent may, on filing an undertaking to be decision as to bound, so far as his liability to pay compensation is concern- selected ed, by the award in such one of the said arbitrations as may be selected by the judge, apply to the judge for an order to stay proceedings in the arbitrations other than the one so selected until an award is made in such selected arbitration.

arbitration.

ANSWER BY RESPONDENT

Rule 17. (1) If any respondent desires to disclaim any in- Answer by terest in the subject matter of an arbitration, or considers respondent. that the applicant's particulars are in any respect inaccurate or incomplete, or desires to bring any fact or document to the notice of the judge, or intends to rely on the fact that notice of the accident, or of death, disablement, or suspension,

Answer where employer is applicant.

Submission to award or

was not given as required by the Act, or that the claim for compensation was not made within the time limit by the Act, or intends to deny (wholly or partially) his liability to pay compensation under the Act, he shall, ten clear days at least before the day fixed for proceeding with the arbitration, file with the registrar an answer, stating his name and address, and the name and address of his solicitor (if any), and stating that he disclaims any interest in the subject matter of the arbitration, or stating in what respect the applicant's particulars are inaccurate or incomplete, or stating concisely any fact or document which he desires to bring to the notice of the judge, or on which he intends to rely, or the grounds on and extent to which he denies liability.

(2) The respondent shall with such answer file copies thereof for the applicant and the judge, and one copy for each of the other respondents; and the registrar shall within twenty-four hours after receiving such copies transmit the same by post to the applicant and the judge and the other respondents respectively.

(3) Subject to any answer so filed, and to the provisions of the next following paragraph, the applicant's particulars, and, in the case of a claim for compensation, the liability to pay compensation under the Act, shall be taken to be admitted.

(4) Provided, that in case of non-compliance with this rule, and of the applicant's not consenting at the arbitration to permit a respondent to avail himself of any matter of which he should, pursuant to this rule, have given notice by filing an answer, the judge may, on such terms as he shall think fit, either proceed with the arbitration and allow the respondent to avail himself of such matter, or adjourn the arbitration to enable the respndent to file such answer.

(5) The provisions of this rule shall, with the necessary modifications, apply to a case in which a request for arbitration is filed by an employer; but a respondent who fails to file an answer shall not be taken to admit the truth of any statement in the applicant's particulars in which he denies, wholly or partially, his liability to pay compensation.

SUBMISSION TO AWARD OR PAYMENT INTO COURT BY
RESPONDENT

Rule 18. (1) Where a respondent from whom compensation is claimed admits liability, he may at any time before the respondent. day fixed for proceeding with the arbitration

payment into

court by

(a) Where the application is made by an injured workman, file with the registrar a notice that the respondent sub