CHAPTER 06:01
ARBITRATION

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

 

 

PART II
References by Consent out of Court

 

   3.   Authority of arbitrators and umpires to be irrevocable

 

   4.   Submission to include provisions in Schedule

 

   5.   Reference to an official referee

 

   6.   Staying of legal proceedings

 

   7.   Matters not to be submitted to arbitration

 

   8.   Power of parties in certain cases to supply vacancy

 

   9.   Umpires

 

   10.   Reference to three arbitrators

 

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

 

   12.   Arbitrators and umpires to be disinterested parties

 

   13.   Court's powers to remove arbitrator or umpire, to set award aside and to award costs

 

   14.   Taxation of fees

 

   15.   Powers of arbitrator or umpire

 

   16.   Interlocutory powers of Court

 

   17.   Time for making award

 

   18.   Interim awards

 

   19.   Remission of case by Court

 

   20.   Enforcement of award

 

   21.   Procedure when place of arbitration not provided for in submission

 

 

 

PART III
References under Order of Court

 

   22.   Reference for report on questions arising in a cause

 

   23.   Procedure on receipt of report by Court

 

   24.   Reference of certain matters for trial before referee or arbitrator

 

   25.   Office and authority of such referee, etc.

 

   26.   Force of report or award

 

   27.   Powers of Court

 

 

 

PART IV
Miscellaneous

 

   28.   Subpoena or summons

 

   29.   General powers of Court or judge

 

   30.   Statement of case

 

   31.   Costs

 

   32.   False evidence

 

 

 

      Schedule - Provisions to be Implied in Submissions

 

Proc. 75, 1959,
Law 30, 1962,
L.N. 84, 1966.

An Act to provide for the settlement of disputes by arbitration.

[Date of Commencement: 27th November, 1959]

PART I
Preliminary
(ss 1-2)

 

1.   Short title

   This Act may be cited as the Arbitration Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "arbitration" means any proceedings held pursuant to a submission;

   "arbitrator" means any person acting as such pursuant to a submission;

   "Court" means the High Court;

   "official referee" means any referee appointed by the Court in terms of any general rule of Court without reference to any particular matter;

   "special referee" means any particular person appointed to be a referee in any particular matter;

   "submission" means a written agreement, wherever made, to submit present or future differences to arbitration, whether an arbitrator is named therein or not;

   "umpire" means any person acting as such pursuant to a submission.

PART II
References by Consent out of Court
(ss 3-21)

 

3.   Authority of arbitrators and umpires to be irrevocable

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

 

4.   Submission to include provisions in Schedule

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

 

5.   Reference to an official referee

   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 Court (or a judge), hear and determine the matters agreed to be referred.

 

6.   Staying of legal proceedings

   (1) 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 to 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, 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 subject to such terms and conditions as may be just.

   (2) The provisions of subsection (1) shall, in the case of the death or insolvency of any party to which it might apply, apply mutatis mutandis to the executor or trustee in the insolvency of such party.

   (3) The death or insolvency of a party to a submission shall not be deemed to revoke such submission.

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