1889年巴哈马仲裁法(英文本)-中国仲裁律师网

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1889年巴哈马仲裁法(英文本)
来源:中国仲裁律师网      

Chapter 168
Arbitration
An act for amending and consolidating the enactments relating to arbitration.
[26th August, 1889]
[This Act may be cited as the Arbitration Act.]
 
Reference by Consent out of Court
 
1. Submission to be irrevocable, and to have effect as an order of court
A submission, unless a contrary intention is expressed therein, shall be irrevocable, except by leave of the court or a judge, and shall have the same effect in all respects as if it had been made an order of court.
 
2. Provisions implied in submissions First Schedule
   A submission, unless a contrary intention is expressed therein, shall 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 submission.
 
3. Reference to official referee
   Where a submission provides that the reference shall be to an official referee, any official referee to whom application is made shall, subject to any order of the determine the matters agreed to be refereed.
 
4. Power to stay proceedings where there is a submission
   If any party to a submission, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal 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 or a judge thereof, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to go do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.
 
5. Power for the court in certain cases to appoint an arbitrator, umpire or third arbitrator
   In any of the following cases--
   (a). where a submission 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;
   (b). if an appointed arbitrator refuses to act, or is incapable of acting, or dies, and the submission dose not show that it was intended that the vacancy should not be supplied, and the parties do not supply the vacancy;
   (c). where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator and do not appoint him;
   (d). where an appointed umpire or third arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied, and the parties or arbitrators do not supply the vacancy; any party may serve the other parties or the arbitrators, as the case may be, with a written notice to appoint an arbitrator, umpire or third arbitrator.
   If the appointment is not made within seven clear days after the service of the notice, the court of a judge 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.
 
6. Powers for parties in certain cases to supply vacancy
   Where a submission provides that the reference shall be to two arbitrators, one to be appointed by each party, then, unless the submission expresses a contrary intention--
   (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;
   (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:
   Provided that the court or a judge may set aside any appointment made in pursuance of this section.
 
7. Power of arbitrator
   The arbitrators or umpire acting under a submission shall, unless the submission expresses a contrary intention, have power--
   (a) to administer oaths to or to take the affirmations of the parties and witnesses appearing; and
   (b) to state an award as to the whole or part thereof in the form of a special case for the opinion of the court; and
   (c) to correct in an award any clerical mistake or error arising from any accidental slip or omission.
 
8. Witnesses may be summoned by subpoena
   Any party to a submission may sue out a writ of subpoena ad testificandum, or a writ of subpoena ducestecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.
 
9. Power to enlarge time for making award
   The time for making an award may from time to time be enlarged by order of the court or a judge whether the time for making the award has expired or not.
 
10. Power to remit award
   (1) In all cases of reference to arbitration the court or a judge may from time to time remit the matters referred, or any of them, to the reconsideration of the arbitrators or umpire.
   (2) Where an award is remitted, the arbitrators or umpire shall, unless the order otherwise directs, make their award within three months after the date of the order.
 
11. Power to set aside award
   (1) Where an arbitrator or umpire has miscon-ducted himself, the court may remove him.
   (2) Where an arbitrator or umpire has miscon-ducted himself, or an arbitration or award has been improperly procured, the court may set the award aside.
 
12. Enforcing award
   An award on a submission may, by leave of the court or a judge, be enforced in  the same manner as a judgment or order to the same effect.
 
References under order of court
 
13. Reference for report
   (1) Subject to rules of court and to any right to have particular cases tried by a jury, the court or a judge may refer any question arising in any cause or matter (other than a criminal proceeding by the Crown) for inquiry or report to any official or special referee.
   (2) The report of an official or special referee may be adopted wholly or partially by the court or a judge, and if
so adopted may be enforced as a judgement or order to the same effect.
 
14. Power to refer in certain cases
   In any cause or matter (other than a criminal proceeding by the Crown).
   (a) if all the parties interested who are not under disability consent; or
   (b) if the cause or matter requires any prolonged examination of documents or any scientific or local investigation, which cannot in the opinion of the court or a judge conveniently be made before a jury or conducted by the court through its other ordinary officers; or
   (c) if the question in dispute consists wholly or in part of matters of account;
   the court or judge may at any time order the whole cause or matter, or any question or issue of fact arising therein, to be tried before a special referee or arbitrator respectively agreed on by the parties, or before an official referee or officer of the court.
 
15. Powers and remuneration of referee and arbitrators
   (1) In all case of reference to an official or special referee or arbitrator under an order of the court or a judge in any cause or matter, the official or special referee or arbitrator shall be deemed to be an officer of the court, and shall have such authority, and shall conduct the reference in such manner, as may be prescribed by rules of court, and subject thereto as the court or a judge may direct.
   (2) The report or award of any official or special referee or arbitrator on any such reference shall, unless set aside by the court or a judge, be equivalent to the verdict of a jury.
   (3) The remuneration to be paid to any special    referee or arbitrator to whom any matter is referred under order of the court of a judge shall be determined by the court of a judge.
 
   16. Court to have powers as in references by consent.
   The court or a judge shall, as to references under order of the court or a judge, have all the powers which are by this Act conferred on the court or a judge as to references by consent out of court.
 

General

 
18. Power to compel attendance of witness in any pure of  The Bahamas and to order habeas corpus to issue
   (1) The court or a judge may order that a writ of subpoena ad testificandum or of subpoena ducestecum shall issue to compel the attendance before an foocial or special referee , or before any arbitrator or umpire, of a witness wherever he may be within The Bahamas.
   (2) The court or a judge may also order that a writ of habeas corpus ad testificandum shall issue to bring up a prisoner for examination before an official or special referee, or before any arbitrator or umpire.
 
19. Statement of case pending arbitration
   Any referee, arbitrator, or umpire may at any stage of the proceedings under a reference, and shall, if so directed by the court of a judge, 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.
 
20. Costs
   Any order made under this Act may be made on such terms as to costs, or otherwise, as the authority making the order thinks just.
 
21. Exercise of powers by masters and other officers
   Provision may from time to time be made by Rules of Court for conferring on the Registrar, or other officer of the Supreme Court, all or any of the jurisdiction conferred by this Act on the court or a judge.
 
22. Penalty for perjury
   Any person who willfully and corruptly gives false evidence before any referee, arbitrator, or umpire shall be guilty of perjury, as if the evidence had been given in open court, and may be dealt with, prosecuted, and punished accordingly.
 
23. Crown to be bound
   This Act shall, except as in this Act expressly mentioned, apply to any arbitration to which Her Majesty the Queen, either in right of the Crown, or otherwise, is a party, but nothing in this Act shall empower the court or a judge to order any proceedings issue in any such proceedings, to be tried before any referee, arbitrator, or officer without the consent of Her Majesty, or shall affect the law as to costs payable by the Crown.
 
24. Application of Act to references under statutory powers
   This Act shall apply to every arbitration under any Act as if the arbitration were pursuant to a submission, except in s far as this Act is inconsistent with the Act regulating the arbitration or with any rules or procedure authorised or recognised by that Act.
 
27. Definitions
   In this Act, unless the contrary intention appears--
   “Submission” means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not.
   “court” means the Supreme Court.
   “judge” includes the Chief Justice and any Justice or the Supreme Court.
   “Rules of Court” means the Rules of the Supreme court made by the proper authority.
 
 

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