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An Act to amend the law relating to arbitrations, and to make provision for
other matters connected therewith.{1} [7th July 1937] 6 References under
Arbitration Agreements >Provisions as to arbitration agreements and references
thereunder. A > 1. {2}(1) A reference under an arbitration agreement shall,
unless a contrary intention is expressed therein, be irrevocable, except by
leave of the court, and shall have the same effect in all respects as if it
had been made an order of court. B>(2) An arbitration agreement shall, unless
a contrary intention is expressed therein, 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 agreement. >Arbitration agreement not to be discharged
by death of party thereto. A> 2. (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. B>(2) The authority of an
arbitrator shall not be revoked by the death of any party by whom he was
appointed. >Provisions in case of bankruptcy. A> 3. (1) Where an arbitration
agreement forms part of a contract to which a bankrupt is a party, the said
agreement shall, if the assignee or the trustee in bankruptcy does not
disclaim the contract, be enforceable by or against him so far as it relates
to any difference arising out of, or in connection with, such contract. B>(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 sub-section (1) of this section does not apply, any other party to the
agreement or the assignee, or, with the consent of the committee of
inspection, the trustee in bankruptcy, may apply to the court having
jurisdiction in the bankruptcy proceedings for an order directing that the
matter in question shall be referred to arbitration in accordance with the
agreement, and that 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. >Power to stay proceedings. A> 4. {3}
If any party to an arbitration agreement, or any person claiming through or
under him, commences any 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 such 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. 6 Provisions as to
Arbitrators and Umpires under Arbitration Agreements >Power for the court in
certain cases to appoint an arbitrator, umpire or third arbitrator. A > 5. In
any of the following cases, namely: C >>( 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; C >>( b ) if an appointed arbitrator refuses to act, or is
incapable of acting, or dies, and the arbitration agreement or the reference
under the agreement does not show that it was intended that the vacancy should
not be supplied, and the parties do not supply the vacancy; C >>( c ) where
the parties or two arbitrators are at liberty to appoint an umpire or third
arbitrator, or where two arbitrators are required to appoint an umpire, and do
not appoint him; C >>( d ) where an appointed umpire or third arbitrator
refuses to act, or is incapable of acting, or dies, and the arbitration
agreement or the reference under the agreement does not show that it was
intended that the vacancy should not be supplied, and the parties or
arbitrators do not supply the vacancy; Bany party may serve the other parties
or the arbitrators, as the case may be, with a written notice that in default
of concurrence in appointing an arbitrator, umpire or third arbitrator, as the
case may be, an application will be made to the court under this section. B>If
the appointment is not made within seven days after the day of service of the
notice, the court 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. >Power of parties in certain cases to supply
vacancy. A> 6. Where an arbitration agreement provides that the reference
shall be to two arbitrators, one to be appointed by each party, then, unless
the agreement expresses a contrary intention C >>( 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; C >>( 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: B>Provided that the court may set aside any appointment
made in pursuance of paragraph ( b ) of this section. >Power of court to
remove arbitrator or umpire and to set aside award. A> 7. (1) Where an
arbitrator or umpire has misconducted himself or the proceedings, the court
may remove him. B>(2) Where an arbitrator or umpire has misconducted himself
or the proceedings, or an arbitration or award has been improperly procured,
the court may set aside the award. >Removal of arbitrator or umpire on failure
to use due dispatch. A> 8. (1) The court may, on the application of any party
to a reference under an arbitration agreement, remove an arbitrator or umpire
who fails to use all reasonable dispatch in entering on and proceeding with
the reference and making an award. B>(2) An arbitrator or umpire who is
removed by the court under this section shall not be entitled to receive any
remuneration in respect of his services. B>(3) For the purposes of this
section the expression ""proceeding with a reference'' includes, in a case
where two arbitrators are unable to agree, giving notice of that fact to the
parties and to the umpire. >Provisions as to time for making an award. A> 9.
(1) Subject to the provisions of section fifteen of this Act and to anything
to the contrary in the arbitration agreement, an arbitrator or umpire shall
have power to make an award at any time. B>(2) Where an arbitration agreement
provides that the award shall be delivered within a certain time, or where an
award has been remitted under the provisions of section fifteen of this Act,
the time for making the award may from time to time be enlarged by order of
the court whether the time for making the award has expired or not. >Power of
court to give relief where arbitrator is not impartial or dispute referred
involves question of fraud. A> 10. (1) Where an agreement between any parties
provides that disputes which may arise in the future between them shall be
referred to an arbitrator named or designated in the agreement, and after a
dispute has arisen any party applies, on the ground that the arbitrator so
named or designated is not or may not be impartia [{11} Article 71 of the
Solicitors (Northern Ireland) Order 1976|], which empowers a court before
which any proceeding has been heard or is depending to charge property
recovered or preserved in the proceeding with the payment of solicitors'
costs, shall apply as if an arbitration were a proceeding in the court, and
the court may make declarations and orders accordingly. >Additional powers to
compel attendance of witnesses. A> 24. (1) The court may order that a writ of
subpoena ad testificandum or of subpoena duces tecum shall issue to compel the
attendance of a witness before any referee, arbitrator or umpire. B>(2) The
court may also order that a writ of habeas corpus ad testificandum shall issue
to bring up a prisoner for examination before any referee, arbitrator or
umpire. N>> S.25 rep. by SLR 1980. S.26 rep. by 1946 c.13 (NI) s.16(3) sch.
>Saving for pending arbitrations. A> 27 . Subject as hereinafter provided, the
provisions of this Act shall not affect any arbitration which has been
commenced within the meaning of section nineteen of this Act before the date
on which this Act comes into operation, but shall apply to any arbitration so
commenced after the said date under an arbitration agreement made before the
said date. >Application of Act to statutory arbitrations. A> 28. This Act{12},
except the provisions thereof set out in the Third Schedule to this Act, shall
apply in relation to every arbitration under any other Act passed before or
after the commencement of this Act, as if the arbitration were pursuant to an
arbitration agreement and as if that other Act were an arbitration agreement,
except in so far as this Act is inconsistent with that other Act or with any
rules or procedure authorised or recognised thereby. 6 Supplemental Excl.,
1919 c.69 s.3(3); 1949 c.39 s.8(2); 1962 c.46 ss.74(6)( f ), 81(7) sch.7 Pt.
IV; 1965 c.2 (NI) s.4(10); 1966 c.41 s.3(2); 1968 c.12 (NI) s.3 sch.; 1970
c.31 (NI) s.71(3); 1976 NI 16 arts.59(9), 77; 1978 NI 9 art.41(1) sch.4 <<<$$#
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