ARBITRATION

CHAPTER 6:03
ARBITRATION

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
GENERAL PROVISIONS

Effect of Arbitration Agreements, etc.

    3.    Authority of arbitrators and umpires to be irrevocable

    4.    Death of party

    5.    Bankruptcy

    6.    Staying court proceedings where there is submission to arbitration

    7.    Reference of interpleader issues to arbitration

Arbitrators and Umpires

    8.    Appointment of arbitrator or umpire

    9.    Power of parties in certain cases to supply vacancy

    10.    Umpires

    11.    Agreements for reference to three arbitrators

    12.    Power of Court in certain cases to appoint an arbitrator or umpire

Conduct of Proceedings, Witnesses, etc.

    13.    Conduct of proceedings, witnesses, etc.

Provisions as to Awards

    14.    Time for making award

    15.    Interim awards

    16.    Specific performance

    17.    Awards to be final

    18.    Power to correct slips

Provisions as to AwardsCosts, Fees and Interest

    19.    Costs

    20.    Taxation of arbitrator’s or umpire’s fees

    21.    Interest on awards

    22.    Statement of case

    23.    Power to remit award

    24.    Removal of arbitrator and setting aside of award

    25.    Power of court to give relief where arbitrator is not impartial or the dispute involves question of fraud

    26.    Power of court where arbitrator is removed or authority of arbitrator is revoked

Enforcement of Award

    27.    Enforcement of award

Provisions as to Awards Miscellaneous

    28.    Power of court to extend time for commencing arbitration proceedings

    29.    Terms as to costs, etc.

    30.    Power of Chief Justice to make rules

    31.    Government to be bound

    32.    Forms

    33.    Application of Part II to statutory arbitrations

    34.    Operation of Part II

    35.    Application of this Act to arbitration under certain contracts

PART III
ENFORCEMENT OF CERTAIN FOREIGN AWARDS

    36.    Awards to which Part III applies

    37.    Effect of foreign awards

    38.    Conditions for enforcement of foreign awards

    39.    Evidence

    40.    Meaning of “final award”

    41.    Saving for other rights, etc.

        FIRST SCHEDULE
FORMS
SECOND SCHEDULE
PROTOCOL
THIRD SCHEDULE
CONVENTION

26 of 1967

    An Act Relating to Arbitration

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Arbitration Act.

2.    Interpretation

    In this Act, unless there is anything repugnant in the subject or context—

    “arbitration agreement” means a written agreement to submit present or future differences to arbitration whether an arbitrator is named therein or not; and

    “the Court” means the High Court.

PART II
GENERAL PROVISIONS

Effect of Arbitration Agreements, etc.

3.    Authority of arbitrators and umpires to be irrevocable

    The authority of an arbitrator or umpire appointed by or by virtue of an arbitration agreement shall, unless a contrary intention is expressed in the agreement, be irrevocable except by leave of the Court.

4.    Death of party

    (1) An arbitration agreement shall not be discharged by the death of any party thereto, either as respects the deceased or any other party, but shall in such an event be enforceable by or against the personal representative of the deceased.

    (2) The authority of an arbitrator shall not be revoked by the death of any party by whom he was appointed.

    (3) Nothing in this section shall be taken to affect the operation of any written law or rule of law by virtue of which any right of action is extinguished by the death of a person.

5.    Bankruptcy

    (1) Where it is provided by a term in a contract to which a bankrupt is a party that any differences arising thereout or in connection therewith shall be referred to arbitration, the said term shall, if the trustee in bankruptcy adopts the contract, be enforceable by or against him so far as relates to any such differences.

    (2) Where a person who has been adjudged bankrupt had, before the commencement of the bankruptcy, become a party to an arbitration agreement, and any matter to which the agreement applies requires to be determined in connection with or for the purposes of the bankruptcy proceedings, then, if the case is one to which subsection (1) does not apply, any other party to the agreement or, with the consent of the committee of inspection, the trustee in bankruptcy, may apply to the Court for an order directing that the matter in question shall be referred to arbitration in accordance with the agreement, and the Court may, if it is of opinion that, having regard to all the circumstances of the case, the matter ought to be determined by arbitration, make an order accordingly.

6.    Staying court proceedings where there is submission to arbitration

    (1) If any party to an arbitration agreement, or any person claiming through or under him, commences any legal…