to appoint an umpire and if within seven 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
Arbitrators 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.
Finding.
8.
(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 several matters referred.
Special case for opinion of the Court.
9.
It shall be lawful for the Arbitrators or umpire upon any reference by an order of Court, if they
think fit, and if it is not provided to the contrary, to state their awards as to the whole or any
part thereof in the form of a special case for the opinion of the court.
Court may modify or correct award.
10.
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 matters not referred to the Arbitrators,
(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.
Power as to costs.
11.
The court may also on the application, make such order as it thinks just, respecting the costs of
the arbitration, if any question arises about the costs or their amount, and the award contains no
sufficient provision concerning them.
Power of court to remit award for reconsideration.
12.
(a)
(b)
(c)
(d)
In any of the following cases the court shall have power to remit the award, or any of the matters
referred to arbitration, for reconsideration by the arbitrators or umpire, upon such terms as it thinks
properIf the award has left undetermined some of the matters referred to arbitration;
If it has determined matters not referred to arbitration.
If the aware is so indefinite as to be incapable of execution;
If an objection to the legality of the award is apparent upon the face of the award.
Setting aside Award.
13.
(1) No award shall be liable to be set aside except on the-ground of perverseness or misconduct of the
Arbitrators or umpire.