First Previous (PART III. Arbitration Under Other Acts.) Next (PART V. Enforcement of certain foreign awards.)

26 1954

ARBITRATION ACT, 1954

PART IV.

References under Order of the Court.

Power of Court and Circuit Court to refer in certain cases.

49. —(1) If, in any cause or matter (including any cause or matter to which a State authority is a party, but excluding a criminal proceeding at the suit of the Attorney General), the question in dispute consists wholly or in part of matters of account, the Court or the Circuit Court may at any time order the whole cause or matter or any question or issue of fact arising therein to be tried before an arbitrator agreed on by the parties or before an officer of the Court or the Circuit Court (as the case may be), upon such terms as to costs or otherwise as the Court or Circuit Court (as the case may be) thinks just.

(2) The references in sections 50 and 52 of this Act and the first and second references in section 51 of this Act to the Court shall be construed as including references to the Circuit Court.

Powers of arbitrators in references under section 49.

50. —(1) In all cases of references to an arbitrator under an order of the Court under section 49 of this Act, the arbitrator shall be deemed to be an officer of the Court, and, subject to rules of court, shall have such authority and conduct the reference in such manner as the Court may direct.

(2) The award of an arbitrator on any reference under section 49 of this Act shall, unless set aside by the Court, be equivalent to the verdict of a jury.

(3) The remuneration to be paid to an arbitrator to whom any matter is referred under section 49 of this Act shall be determined by the Court.

Court to have powers as in references under arbitration agreements.

51. —The Court shall, in relation to references under an order of the Court made under section 49 of this Act, have all the powers which are by Part II of this Act conferred on the Court in relation to references under arbitration agreements.

Statement of case pending arbitration.

52. —An arbitrator on any reference under section 49 of this Act may at any stage of the proceedings under the reference, and shall, if so directed by the Court, state in the form of a special case for the opinion of the Court any question of law arising in the course of the reference.

Powers of Supreme Court.

53. —The Supreme Court shall have all such powers as are conferred by this Part on the Court.