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 arbi- trator, umpire, or third arbitrator 6. Power for parties in certain cases to supply vacancy 8. Witnesses may be summoned by subpoena 14. Power to refer in certain cases. 15. Powers and remuneration of referees and arbitrators 18. Power to compel attendance of witness in any part of the SECTION 21. Exercise of powers by masters and other officers 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 PAGE 21 22 22 22 22 22 Submission to be irre vocable, and to have effect as an order of court. Provisions implied in submissions. Reference to official referee. An Act for amending and consolidating the enactments relating to Arbitration. [26th August, 1889. BE 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, 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. is a sub mission. 4. If any party to a submission, or any person claiming Power to through or under him, commences any legal proceedings stay proceedings in any court against any other party to the submission, where there 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 (c.) Where the parties or two arbitrators are at (d.) Where an appointed umpire or third arbitrator any party may serve the other parties or the arbitrators, C Power for third arbi trator. Power for parties in certain cases to supply vacancy. Powers of arbitrator. 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 of 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 incapable 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. 7. The arbitrators or umpire acting under a submission shall, unless the submission expresses a contrary intention, have power— (a.) to administer oaths to or take the affirmations thereof in the form of a special case for the (c.) To correct in an award any clerical mistake or error arising from any accidental slip or omission. may be summoned 8. Any party to a submission may sue out a writ of Witnesses 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. by subpoena. Power to enlarge time for making award. remit award. 10.-(1.) In all cases of reference to arbitration the Power to 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. 11.—(1.) Where an arbitrator or umpire has miscon- Power to ducted 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. set aside award. award. 12. An award on a submission may, by leave of the Enforcing Court 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 Reference for report. to have particular cases tried by a jury, the Court or a Judge may refer any question arising in any cause or |