28.     Subpoena or summons

            The issue of a subpoena or summons on a witness to compel his attendance and the production of things or documents before an arbitrator, umpire, officer of the Court and official or special referee, as the case may be, may be procured in the same way and subject to the same conditions as if the matter were an action pending in the Court-

     (a)     by any party to a submission, or any arbitrator, or umpire thereunder;

     (b)     by the parties to any reference under any order of Court; or

     (c)     by any officer of the Court, official or special referee hearing any reference under order of Court:

            Provided that-

      (i)     no person shall be compelled on such subpoena to produce any document or thing the production of which would not be compellable on trial of an action; and

      (ii)     the clerk of the court of any magistrate may issue such subpoena in the name and on behalf of the Registrar of the Court upon payment of the same fees as are chargeable for the issue of a subpoena in the magistrate's court.

29.     General powers of Court or judge

            The Court or a judge may order the process of the Court to issue to compel the attendance before a special or official referee, or officer of the Court, or before an arbitrator or umpire, of a witness, wherever he may be, within the jurisdiction of the Court or judge, or may order any prisoner to be brought up for examination before such officer, referee, arbitrator or umpire.

30.     Statement of case

            (1) An arbitrator or umpire may, and shall if so directed by the Court, state-

     (a)     any question of law arising in the course of the reference; or

     (b)     an award or any part of an award,

in the form of a special case for the decision of the Court.

            (2) A special case with respect to an interim award or with respect to a question of law arising in the course of a reference may be stated, or may be directed by the Court to be stated, notwithstanding that proceedings under the reference are still pending.

31.     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.

32.     False evidence

            Any person who wilfully or corruptly gives false evidence before any such officer, referee, arbitrator or umpire shall be guilty of perjury in the same way as if the evidence had been given in open Court, and may be dealt with, prosecuted and punished accordingly.

SCHEDULE
PROVISIONS TO BE IMPLIED IN SUBMISSION

(section 4)

1. If no other mode of reference is provided, the reference shall be to a single arbitrator.

2. If the reference is to two arbitrators, then for the decision of any question they must both agree, but if to more than two, then, subject to the provisions of section 10, the decision of the majority of the arbitrators shall determine any questions.

3. If the reference is to two or more arbitrators, they may appoint an umpire at any time within the period during which they have power to make an award.

4. If the arbitrator or arbitrators have allowed the time or time as extended by the Court to expire without making an award, or have delivered to any party to the submission or the umpire a written notice stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators.

5. The parties to the reference and all parties claiming through them respectively shall, subject to any legal objection, submit to be examined by the arbitrator or arbitrators or umpire on oath or affirmation in relation to the matters in dispute, and shall produce before the arbitrator, arbitrators or umpire all books, deeds, papers, accounts, writings, documents and things within their possession or power respectively, which may be required or called for and production of which could be compelled on the trial of an action.

6. The witnesses on the reference shall, if the arbitrator, arbitrators or umpire think fit, be examined on oath or affirmation.

7. The oral evidence of witnesses shall be recorded by the arbitrator, arbitrators or umpire before whom it may be given in such manner as may be by him from time to time directed, if not recorded by the arbitrator, arbitrators or umpire themselves.

8. The umpire shall be at liberty to act upon the evidence recorded before the arbitrators and to make his award without hearing any witnesses or receiving any fresh evidence:

     Provided that he shall be entitled, if he so thinks fit, to re-hear the witnesses or any of them or to call for further evidence.

9. The umpire shall be at liberty to sit together with the arbitrators and to hear the evidence given from time to time, and shall be entitled then and there to decide any interlocutory matter upon which the arbitrators disagree:

     Provided that the umpire shall not, unless called upon to give an award, or unless the parties have requested him so to sit, be entitled to demand remuneration from the parties in respect of his attendance on the reference with the arbitrators.

10. If the arbitrators, where there are more than one, or a majority of them, cannot agree as to any matter of procedure or any interlocutory question, they may refer such matter or question forthwith to the umpire for decision, and he shall give his decision thereon forthwith.

11. The arbitrator, arbitrators or umpire shall be at liberty to proceed ex parte in case any party after reasonable notice shall at any time neglect or refuse to attend on the reference without having shown previously to them what they consider good and sufficient cause for omitting to attend.

12. If any party to the arbitration dies, the arbitration shall be stayed, subject to any order that the Court may make, until the appointment of an executor or other proper representative of such deceased party, and the time for making an award shall be extended for the same period as may elapse between the death of the party and the appointment of an executor or other proper representative, and such executor or other proper representative shall, when called upon by the other party or parties to the submission to proceed with the arbitration, be subject to the same rules, provisions and conditions as the deceased party.

13. The award to be made by the arbitrator, arbitrators or umpire shall be in writing, and shall, if made in terms of the submission, be final and binding on the parties and the persons claiming under them respectively.

14. The costs of the reference and award shall be in the discretion of the arbitrator, arbitrators or umpire, who may direct to and by whom and in what manner such costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof, and may award costs to be paid as between attorney and client:

     Provided that-

       (i)     if no direction is given as to the scale on which such costs are to be taxed, they shall be taxed on the tariff allowed in magistrates' courts from time to time if the award is such as a magistrate's court might have pronounced as a judgment in such court, but otherwise such costs shall be taxed on the tariff in force from time to time in the Courts, and

      (ii)     if the arbitrator, arbitrators or umpire do not forthwith tax such costs, or if the arbitrators cannot agree in their taxation, then the taxing officer of the Court may tax them.