Order 52 — Arbitration

Where in any case a matter is referred to an arbitrator under the provisions of the Arbitration and Conciliation Act, the arbitrator shall be nominated by the parties in such manner as may be agreed upon between them.

Where the parties do not agree with respect to the nomination, or if the persons nominated refuse to act, and the parties are desirous that the nomination be made by the Court, the Court shall appoint the arbitrator.

The Court shall by an order under its seal refer to the arbitrator the matter in difference in the suit which may be required to be determined, and shall fix a time for the delivery of the award, and the time so fixed shall be stated in the order.

Where reference is made to two or more arbitrators, provision shall be made in the order for a difference of opinion among them, by the appointment of an umpire, or by declaring that the decision shall be with the majority, or by empowering the arbitrators to appoint an umpire, or otherwise as may be agreed between the parties, or if they cannot agree, as the Court may determine.

Where reference to arbitration is made by an order of Court, the same process to the party and witness, whom the arbitrator or umpire may desire to have examined, shall be issued as in ordinary suit and a person not attending in compliance with such process, or making any other default, or refusing to give evidence, or being guilty of any contempt of the arbitrator or umpire during the investigation of the suit, shall be subject to the like disadvantage, penalty and punishment, by order of the Court on the representation of the arbitrator or umpire, as they would incur for the same offence in any suit tried before the Court.

(1) Where the arbitrator is not able to complete the award within the period specified in the order for want of the necessary evidence or information, or other good and sufficient cause, the Court may, from time to time, enlarge the period for delivery of the award, if it thinks it proper.

(2) Where in any case an umpire is appointed, it shall be lawful for him to enter on the reference in lieu of the arbitrators, if the arbitrators have allowed the time, or the extended time, to expire without making an award or have delivered to the Court, or to the umpire, a notice in writing stating that an agreement is not reached.

(3) An award shall not be liable to be set aside only by reason of its not having been completed within the period allowed by the Court, unless on proof that the delay in completing the award arose from misconduct of the arbitrator or umpire, or unless the award shall have been made after the issuance of an order by the Court superseding the arbitration and recalling the suit.

(1) Where, in any case of reference to arbitration by an order of Court, the arbitrator or umpire dies, refuses or becomes incapable of acting, it shall be lawful for the Court to appoint a new arbitrator or umpire in place of such person.

(2) Where the arbitrator is empowered by the terms of the order or reference to appoint an umpire, and do not appoint an umpire, any of the parties may serve the arbitrator with a written notice to appoint an umpire and if within (7) days after the notice is served, no umpire is appointed, it shall be lawful for the Court upon the application of the party having served such notice as aforesaid and upon proof to its satisfaction of such notice having been served, to appoint an umpire.

(3) In any other case of appointment under this rule, the arbitrator or umpire so appointed shall have the like power to act in the reference as if their names had been inserted in the original order of reference.

(1) The award shall contain a conclusive finding, and may not find on the contingency of any matter of fact being afterwards substantiated or deposed to.

(2) The award shall comprehend a finding on each of the matters referred.

It shall be lawful for the Arbitrator or umpire upon any reference by an order of Court, if it thinks fit, and if it is not provided to the contrary, to state the award as to the whole or any part of it, in the form of a special case for the opinion of the Court.

The Court may, on the application of either party, modify or correct an award where it appears that a part of the award is upon a matter-not referred to the arbitrator, provided that, that part can be separated from the other part, and does not affect the decision on the matter referred; or where the award is imperfect in form, or contains any obvious error which can be amended without affecting the decision.

The Court may also on the application, make such order as it thinks just, respecting the cost of the arbitration, if any question arises about the cost, and the award contains no sufficient provision concerning it.

In any of the following case the Court shall have power to remit the award, or any of the matters referred to arbitration, for reconsideration by the arbitrator or umpire, upon such terms as it thinks proper:

(a) if the award has left undetermined any of the matters referred to arbitration;

(b) if it has determined any matter not referred to arbitration;

(c) if the award is so indefinite as to be incapable of execution; or

(d) if an objection to the legality of the award is apparent upon the face of the award.

(1) An award shall not be liable to be set aside except on the ground of perverseness or misconduct of the arbitrator or umpire.

(2) Any application to set aside an award shall be made within (3) months after the publication.

Where no application is made to set aside the award, to remit it or any of the matters referred for reconsideration, or where the Court has refused such application, either party may file the award in Court, and the award shall have the same force and effect for all purposes as a Judgement.

An application in this rule to the Court under the Arbitration and Conciliation Act:

(a) to revoke an arbitration agreement under section 2;

(b) to appoint an arbitrator under section 7 (3);

(c) to stay proceedings under section 5;

(d) to remove an arbitrator or umpire under section 30;

(e) to direct an arbitrator or umpire to state the reasons for an award under section 26;

(f) to ask that a case on trial which is the subject of an arbitration agreement be referred to an arbitration under section 4;

(g) to set aside an award under section 29;

(h) for declaration that an award is not binding on a party to the award on the ground that it was made without jurisdiction or because the arbitrator misconducted himself or that the proceedings was arbitrary or that the award has been improperly procured under section 30;

(i) generally to determine any question of law arising in the course of concerning any arbitration agreement or proceedings referred to the Court; or

(j) to subpoena a witness to attend under section 23,

shall be made by originating motion.

(1) An application to enforce an award on an arbitration agreement in the same manner as a Judgement or order may be made ex parte, but the Court hearing the application may order it to be made on notice.

(2) The supporting affidavit shall:

(a) exhibit the arbitration agreement and the original award or in either case certified copies of each;

(b) state the name, usual or last known place of abode or business of the applicant and the person against whom it is sought to enforce the award; and

(c) state as the case may require either that the award has not been complied with or the extent to which it has not been complied with at the date of the application.

Where an award is made in a proceeding on an arbitration in a foreign territory to which the Foreign Judgement (Reciprocal Enforcement) Act extends, if the award was in pursuance of the law in force in the place where it was made; it shall become enforceable in the same manner as a Judgement given by a Court in that place and the proceeding of the Foreign Judgements (Reciprocal Enforcement) Act shall apply in relation to the award as it applies in relation to a Judgement given by that Court.