Form or order of reference.
3.
The court shall by an order under i t s seal refer to the Arbitrators the matter in difference in the
suit which they may be required to determine, and shall fix a time for the delivery of the award, and
the lime so fixed shall be stated in the order.
Umpire where necessary.
4.
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.
Attendance of witnesses.
5.
When reference to arbitration is made by an order of Court, the same process to the parties and
witnesses, whom the Arbitrators or umpire may desire to have examined, shall issue as in
ordinary suits and persons 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 Arbitrators or
umpire during the investigations of the suit, shall be subject to the like disadvantages,
penalties and punishments, by order of the Court on the representation of the Arbitrators or umpire,
as they would incur for the same offences in suits tried before the Court.
Extension of time for making award.
6.
(1)
When the Arbitrators are not able to complete the award w i t h i n 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 they have allowed their time, or their extended time, to expire
without making an award or have delivered to the Court, or to the umpire, a notice in writing
stating that they cannot agree.
(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 arbitrators 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.
Power of Court in case of death, incapacity, or refusal to act
7. (1) When, in any case of reference to arbitration by an order of court, the Arbitrator or
umpire dies, or refuses or becomes incapable of acting, it shall be lawful for tin-Court to
appoint a new Arbitrator or Arbitrators or umpire in place of such person or persons.
(2)
Where the Arbitrators are empowered by the terms of the order or reference to appoint an umpire,
and do not appoint any umpire, any of the parties may serve the Arbitrators with a written notice