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

Costs, Fees and Interest

   19.   Costs

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

   21.   Interest on awards

Special Cases, Remission and Setting aside of Awards, etc.

   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

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

[6TH NOVEMBER 1967]

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 proceedings in any court against any other party to the agreement, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to those 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, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the agreement, 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.

   (2) Notwithstanding anything in this Part, if any party to a submission to arbitration made in pursuance of an agreement to which the protocol set out in the Second Schedule applies, 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 those 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, unless satisfied that the agreement or arbitration has become inoperative or cannot proceed or that there is not in fact any dispute between the parties with regard to the matter agreed to be referred, shall make an order staying the proceedings.

7.   Reference of interpleader issues to arbitration

   Where relief by way of interpleader is granted and it appears to the court that the claims in question are matters to which an arbitration agreement, to which the claimants are parties, applies, the court may direct the issue between the claimants to be determined in accordance with the agreement.

Arbitrators and Umpires

8.   Appointment of arbitrator or umpire

   (1) Unless a contrary intention is expressed therein, every arbitration agreement shall, if no other mode of reference is provided, be deemed to include a provision that the reference shall be to a single arbitrator.

   (2) The parties to an arbitration agreement may agree that the reference shall be to an arbitrator or arbitrators to be appointed by a person designated therein, either by name or as the holder for the time being of any office or appointment.

   (3) Any appointment of an arbitrator or umpire may be made by name or by reference to the holder for the time being of any office or appointment.

9.   Power of parties in certain cases to supply vacancy

   Where an arbitration agreement provides that the reference shall be to two arbitrators, one to be appointed by each party, then, unless a contrary intention is expressed therein—

   (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 may set aside any appointment made in pursuance of this section.

10.   Umpires

   (1) Unless a contrary intention is expressed therein, every arbitration agreement shall, where the reference is to two arbitrators, be deemed to include a provision that the two arbitrators shall appoint an umpire immediately after they are themselves appointed.

   (2) Unless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to include a provision that if the arbitrators have delivered to any party to the arbitration agreement, 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.

   (3) At any time after the appointment of an umpire, however appointed, the Court may, on the application of any party to the reference and notwithstanding anything to the contrary in the arbitration agreement, order that the umpire shall enter upon the reference in lieu of the arbitrators and as if he were a sole arbitrator.

11.   Agreements for reference to three arbitrators

   (1) Where an arbitration agreement provides that the reference shall be to three arbitrators, one to be appointed by each party and the third to be appointed by the two appointed by the parties, the agreement shall have effect as if it provided for the appointment of an umpire, and not for the appointment of a third arbitrator, by the two arbitrators appointed by the parties.

   (2) Where an arbitration agreement provides that the reference shall be to three arbitrators to be appointed otherwise than as mentioned in subsection (1), the award of any two of the arbitrators shall be binding.

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

   In any of the following cases—

   (a)   where an arbitration agreement 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;

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