APPENDIX J

Arbitration Act, 1889.

[52 & 53 VICT. CH. 49.]

ARRANGEMENT OF SECTIONS.

Section.

References by Consent out of Court.

1. Submission to be irrevocable, and to have effect as an order of court.

2. Provisions implied in submissions.

3. Reference to official referee.

4. Power to stay proceedings where there is a submission.

5. Power for the court in certain cases to appoint an arbitrator, umpire, or third arbitrator.

6. Power for parties in certain cases to supply vacancy.

7. Powers of arbitrators.

8. Witnesses may be summoned by subpœna.

9. Power to enlarge time for making award.

10. Power to remit award.

11. Power to set aside award.

12. Enforcing award.

References under Order of Court.

13. Reference for report.

14. Power to refer in certain cases.

15. Powers and remuneration of referees and arbitrators.

16. Court to have powers as in references by consent.

17. Court of Appeal to have powers of court.

General.

18. Power to compel attendance of witness in any part of the United Kingdom, and to order habeas corpus to issue.

19. Statement of case pending arbitration.

20. Costs.

21. Exercise of powers by masters and other officers.

22. Penalty for perjury.

23. Crown to be bound.

24. Application of Act to references under statutory powers.

25. Saving for pending arbitrations.

26. Repeal.

27. Definitions.

28. Extent.

29. Commencement.

30. Short title.

SCHEDULES.

A.D. 1889.

CHAPTER 49.

A.D. 1889.

Submission to be irrevocable, and to have effect as an

order of court.

Provisions implied in submissions.

Reference to

An Act for amending and consolidating the Enactments relat-
ing to Arbitration.
[26th August 1889.]

BE

E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

References by Consent out of Court.

1. A submission, unless a contrary intention is expressed therein, shall be irrevocable, except by leave of the Court or a judge, and shall have the same effect in all respects as if it had been made an order of Court.

2. A submission, unless a contrary intention is expressed therein, shall be deemed to include the provisions set forth in the First Schedule to this Act, so far as they are applicable to the reference under the submission.

3. Where a submission provides that the reference shall be to an official referee. official referee, any official referee to whom application is made shall, subject to any order of the Court or a judge as to transfer or otherwise, hear and determine the matters agreed to be referred.

Power to stay proceedings where there is a submission.

Power for the court in certain cases to appoint an arbitrator, umpire, or

third arbitrator.

4. If any party to a submission, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and that court or a judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.

5. In any of the following cases :

(a) Where a submission provides that the reference shall be to a
single arbitrator, and all the parties do not after differences
have arisen concur in the appointment of an arbitrator:
(b) If an appointed arbitrator refuses to act, or is incapable of
acting, or dies, and the submission does not show that it was
intended that the vacancy should not be supplied, and the
parties do not supply the vacancy:

(c) Where the parties or two arbitrators are at liberty to appoint
an umpire or third arbitrator and do not appoint him :
(d) Where an appointed umpire or third arbitrator refuses to act,
or is incapable of acting, or dies, and the submission does not
show that it was intended that the vacancy should not be sup-
plied, and the parties or arbitrators do not supply the vacancy :
any party may serve the other parties or the arbitrators, as the case
may be, with a written notice to appoint an arbitrator, umpire, or third
arbitrator.

If the appointment is not made within seven clear days after the service of the notice, the Court or a judge may, on application by the party who gave the notice, appoint an arbitrator, umpire, or third arbitrator, who shall have the like powers to act in the reference and make an award as if he had been appointed by consent to all parties.

6. Where a submission provides that the reference shall be to two arbitrators, one to be appointed by each party, then, unless the submission expresses a contrary intention

(a) If either of the appointed arbitrators refuses to act, or is incap-
able 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 seven
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 may set aside any appointment made in pursuance of this section.

Power for parties in

certain cases to supply vacancy.

7. The arbitrators or umpire acting under a submission shall, unless Powers of the submission expresses a contrary intention, have power—

(a) to administer oaths to or take the affirmations of the parties
and witnesses appearing; and

(b) to state an award as to the whole or part thereof in the form
of a special case for the opinion of the Court; and

(c) to correct in an award any clerical mistake or error arising
from any accidental slip or omission.

8. Any party to a submission may sue out a writ of subpoena ad testificandum, or a writ of subpoena duces tecum, but no person shall be compelled under any such writ to 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.

10.—(1) In all cases of reference to arbitration the Court or a judge may from time to time remit the matters referred, or any 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.

arbitrator.

Witnesses may be summoned by subpœna.

Power to
enlarge time for
making award.

Power to remit award.

11.—(1) Where an arbitrator or umpire has misconducted himself, Power to set 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.

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

References under Order of Court.

13.-(1) Subject to Rules of Court and to any right to have par- Reference for ticular cases tried by a jury, the Court or a judge may refer any question report. 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.

R

Power to refer in certain cases.

Powers and

referees and arbitrators.

14. In any cause or matter (other than a criminal proceeding 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 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 matters 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 referee or remuneration of 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.

(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.

Power to compel attendance of witness in any part of the United Kingdom, and to order habeas corpus to issue.

Statement of case pending arbitration.

Costs.

Exercise of powers by masters and other officers.

Penalty for perjury.

General.

18. (1) The Court or a judge may order that a writ of subpœna 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 he may be within the United Kingdom.

(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.

19. Any referee, arbitrator, or umpire may at any stage of the proceedings under a reference, and shall, if so directed by 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 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.

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

bound.

23. This Act shall, except as in this Act expressly mentioned, apply Crown to be to any arbitration to which Her Majesty the Queen, 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.

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 this Act is inconsistent with the Act regulating the arbitration or with any rules or procedure authorised or recognised by that Act.

25. This Act shall not affect any arbitration pending at the commencement of this Act, but shall apply to any arbitration commenced after the commencement of this Act under any agreement or order made before the commencement of this Act.

Application of

Act to reference under statutory powers.

Saving for pending

arbitrations.

26.—(1) The enactments described in the Second Schedule to this Repeal. 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.

Definitions.

Extent.

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

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

SCHEDULES.

Short title.

THE FIRST SCHEDULE.

PROVISIONS TO BE IMPLIED IN SUBMISSIONS.

a. 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.