produce any document which he could not be compelled to produce on the trial of an action.

9. The time for making an award may from time to time be enlarged by order of the court or a judge, whether the time for making the award has expired or not.

Power to enlarge time

for making award.

10.-(1.) In all cases of reference to arbitration the court Power to or a judge may from time to time remit the matters referred, remit award. or any part of them, to the reconsideration of the arbitrators

or umpire.

(2.) Where an award is remitted, the arbitrators or umpire shall, unless the order otherwise directs, make their award within three months after the date of the order.

11.—(1.) Where an arbitrator or umpire has misconducted Power to set himself, the court may remove him.

(2.) Where an arbitrator or umpire has misconducted himself, or an arbitration or award has been improperly procured, the court may set the award aside.

aside award.

award.

12. An award on a submission may, by leave of the court Enforcing or a judge, be enforced in the same manner as a judgment or order to the same effect.

References under Order of Court.

13.-(1.) Subject to Rules of Court and to any right to have particular cases tried by a jury, the court or a judge may refer any question arising in any cause or matter (other than a criminal proceeding by the Crown) for inquiry or report to any official or special referee.

(2.) The report of an official or special referee may be adopted wholly or partially by the court or a judge, and if so adopted may be enforced as a judgment or order to the same effect.

Reference for report.

14. In any cause or matter (other than a criminal pro- Power to ceeding by the Crown),

(a.) If all the parties interested who are not under disability consent: or,

(b.) If the cause or matter requires any prolonged examination of documents or any scientific or local investigation which cannot in the opinion of the court or a judge

refer in certain cases.

Powers and

of referees and arbitrators.

conveniently be made before a jury or conducted by the court through its other ordinary officers: or,

(c.) If the question in dispute consists wholly or in part of matter of account;

the court or a judge may at any time order the whole cause or matter, or any question or issue of fact arising therein, to be tried before a special referee or arbitrator respectively agreed on by the parties, or before an official referee or officer of the

court.

15.—(1.) In all cases of reference to an official or special remuneration referee or arbitrator under an order of the court or a judge in any cause or matter, the official or special referee or arbitrator shall be deemed to be an officer of the court, and shall have such authority, and shall conduct the reference in such manner, as may be prescribed by Rules of Court, and subject thereto as the court or a judge may direct.

Court to have powers as in references by consent.

Court of

Appeal to have powers of court.

Power to compel

(2.) The report or award of any official or special referee or arbitrator on any such reference shall, unless set aside by the court or a judge, be equivalent to the verdict of a jury.

(3.) The remuneration to be paid to any special referee or arbitrator to whom any matter is referred under order of the court or a judge shall be determined by the court or a judge.

16. The court or a judge shall, as to references under order of the court or a judge, have all the powers which are by this Act conferred on the court or a judge as to references by consent out of court.

17. Her Majesty's Court of Appeal shall have all the powers conferred by this Act on the court or a judge thereof under the provisions relating to references under order of the court.

General.

18.-(1.) The court or a judge may order that a writ of subpoena ad testificandum or of subpoena duces tecum, shall issue to compel the attendance before an official or special referee, or before any arbitrator or umpire, of a witness wherever Kingdom, and he may be within the United Kingdom.

attendance of witness in any part of

the United

to order

habeas corpus

to issue.

(2.) The court or a judge may also order that a writ of habeas corpus ad testificandum shall issue to bring up a

prisoner for examination before an official or special referee, or before any arbitrator or umpire.

arbitration.

19. Any referee, arbitrator, or umpire may at any stage of Statement of the proceedings under a reference, and shall, if so directed by case pending the court or a judge, state in the form of a special case for the opinion of the court any question of law arising in the course of the reference.

20. Any order made under this Act may be made on such Costs. terms as to costs, or otherwise, as the authority making the order thinks just.

21. Provision may from time to time be made by Rules of Court for conferring on any master, or other officer of the Supreme Court, all or any of the jurisdiction conferred by this Act on the court or a judge.

Exercise of powers by other officers.

masters and

Penalty for

22. Any person who wilfully and corruptly gives false evidence before any referee, arbitrator, or umpire shall be guilty perjury. of perjury, as if the evidence had been given in open court, and may de dealt with, prosecuted, and punished accordingly.

23. This Act shall, except as in this Act expressly mentioned, Crown to apply to any arbitration to which Her Majesty the Queen, be bound. either in right of the Crown, or of the Duchy of Lancaster or otherwise, or the Duke of Cornwall, is a party, but nothing in this Act shall empower the court or a judge to order any proceedings to which Her Majesty or the Duke of Cornwall is a party, or any question or issue in any such proceedings, to be tried before any referee, arbitrator, or officer without the consent of Her Majesty or the Duke of Cornwall, as the case may be, or shall affect the law as to costs payable by the Crown.

Application of
Act to refer-

ences under

24. This Act shall apply to every arbitration under any Act passed before or after the commencement of this Act as if the arbitration were pursuant to a submission, except in so far as statutory this Act is inconsistent with the Act regulating the arbitration powers. or with any rules or procedure authorized or recognized by that Act.

25. This Act shall not affect any arbitration pending at the Saving for commencement of this Act, but shall apply to any arbitration pending commenced after the commencement of this Act under any

arbitrations.

Repeal.

Definitions.

Extent.

Commencement.

Short title.

agreement or order made before the commencement of this Act.

26.-(1.) The enactments described in the Second Schedule to this Act are hereby repealed to the extent therein mentioned, but this repeal shall not affect anything done or suffered, or any right acquired or duty imposed or liability incurred, before the commencement of this Act, or the institution or prosecution to its termination of any legal proceeding or other remedy for ascertaining or enforcing any such liability.

(2.) Any enactment or instrument referring to any enactment repealed by this Act shall be construed as referring to this Act.

27. In this Act, unless the contrary intention appears,—
"Submission" means a written agreement to submit present
or future differences to arbitration, whether an arbitrator
is named therein or not.

"Court" means Her Majesty's High Court of Justice.
"Judge" means a judge of Her Majesty's High Court of
Justice.

"Rules of Court" means the Rules of the Supreme Court
made by the proper authority under the Judicature
Acts.

28. This Act shall not extend to Scotland or Ireland.

29. This Act shall commence and come into operation on the first day of January one thousand eight hundred and ninety.

30. This Act may be cited as the Arbitration Act, 1889.

SCHEDULES.

THE FIRST SCHEDULE.

PROVISIONS TO BE IMPLIED IN SUBMISSIONS.

u. If no other mode of reference is provided, the reference shall be to a single arbitrator.

b. If the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award.

c. The arbitrators shall make their award in writing within three months after entering on the reference, or after having been called on to act by notice in writing from any party to the submission, or on or before any later day to which the arbitrators, by any writing signed by them, may from time to time enlarge the time for making the award.

d. If the arbitrators have allowed their time or extended time to expire without making an award, or have delivered to any party to the submission, 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.

e. The umpire shall make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or on or before any later day to which the umpire by any writing signed by him may from time to time enlarge the time for making his award.

f. The parties to the reference, and all persons claiming through them respectively, shall, subject to any legal objection, submit to be examined by the arbitrators or umpire, on oath or affirmation, in relation to the matters in dispute, and shall, subject as aforesaid, produce before the arbitrators or umpire, all books, deeds, papers, accounts, writings, and documents within their possession or power respectively which may be required or called for, and do all other things which during the proceedings on the reference the arbitrators or umpire may require.

g. The witnesses on the reference shall, if the arbitrators or umpire think fit, be examined on oath or affirmation.

h. The award to be made by the arbitrators or umpire shall be final and binding on the parties and the persons claiming under them respectively.

i. The costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid, or any part thereof, and may award costs to be paid as between solicitor and client.