Arbitration Act

Link to law: http://www.moj.gov.jm/laws/arbitration-act
Published: 1900-06-30

ARBITRATION 1

THE ARBITRATION ACT

ARRANGEMWT OF SECTIONS

1. Short title.
2. Interpretation.
3. Effect of a submission.
4. Provisions as to a submission.
5. Stay of proceedings.
6. Notice to appoint arbitrator or umpire.
7. Refusal, incapacity or death of arbitrator. Failure to appoint

8. Powers of arbitrators or umpire.
9. Subpcenas.

10. Enlargement of time for making award.
11. Remission of matters by the Court for rc-considcration Of

arbitrators or umpire.
12. Misconduct of arbitrator or umpire.
13. Enforcement of awards.

arbitrator.

References under Order of COW
14. References by order of the Court.
15. References by consent of parties in any cause or matter to

16. Registrar or Special Referee officers of the Court.
17. Power of Court or Judge- as to references by order.
18. Court of A@.

19. Court may order writ of subpcka.
Habeas corpus.

20. Stating casc for opinion of the Court.
21. Terms of order.
22. Perjury.
23. Cases to which the Crown or Government is party.
24. Application of Act

Registrar or Special Refem.

General

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ARBITRATION 3

THE ARBITRATION ACT cap. 19.
Aci

-12 of 1969.

1. This Act may be cited as the Arbitration Act. Shotl title.

2. In this Act- Interpreta- tion.
"Court" means the Supreme Court;
"Judge7' means a Judge of the Supreme Court;
"Registrar" means the Registrar of the Supreme Court of

Judicature of Jamaica;
"rules of court" includes the Civil Procedure Rules,

2002;
"Special Referee" means any Resident Magistrate, Clerk

of the Courts, or other person who may be
appointed in any action or matter as Special
Referee by the Court or a Judge;

"submission" means a written agreement to submit
present or hture differences to arbitration, whether
an arbitrator is named therein or not.

3. A submission, unless a contrary intention is expressed Etfeaofa
therein, shall be irrevocable, except by leave of the Court submission.

or a Judge, and shall have the same effect in all respects as
if it had been made an order of Court.

4. A submission, unless a contrary intention is expressed ~ ~ ~ b o p s '
therein, shall be deemed to include the provisions set forth mission.
in the following paragraphs as far as they are applicable
to the reference under the submission-

(a) if no other mode of reference is provided, the
reference shall be to a single arbitrator;

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(b) if the reference is to two arbitrators, the two
arbitrators may appoint an umpire at any time
within the period during which they have power
to make an award;

(c) the arbitrators shall make their award in writing
within three months after entering on the refer-
ence, or after having been called on to act by notice
in writing from any party to the submission, or
on or before any later day to which the arbitrators,
by any writing signed by them, may from time to
time enlarge the time for making the award;

(d) if the arbitrators have allowed their time or
extended time to expire without making an award,
or have delivered to any party to the submission,
or to the umpire a notice in writing stating that
they cannot agree, the umpire may forthwith enter
on the reference in lieu of the arbitrators;

(e) the umpire shall make his award within one
month after the original or extended time
appointed for making the award of the arbitrators
has expired, or on or before any later day to which
the umpire by any writing signed by him may
from time to time enlarge the time for making his
award;

V) the parties to the reference, and all persons claiming
through them respectively, shall, subject to any legal
objection, submit to be examined by the arbitrators
or umpire, on oath or affirmation, in relation to the
matters in dispute, and shall, subject as aforesaid,
produce before the arbitrators or umpire all books,
deeds, papers, accounts, writings and documents
within their possession or power respectively which
may be required or called for, and do all other things
which during the proceedings on the reference the
arbitrators or umpire may require;

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ARBlTRATlON

(g) the witnesses on the reference shall, if the arbi-
trators or umpire think fit, be examined on oath
or affirmation;

(h) the award to be made by the arbitrators or umpire
shall be h a l and binding on the parties and the
persons claiming under them respectively;

(il the costs of the reference and award shall be in
the discretion of the arbitrators or umpire, who
may djzect to and by whom and in what manner
those 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 solicitor and client.

5. If any party to a submission, or any person claiming syof
through or under him, commences any legal proceedings woceedingr.
in the Court against any other party to the submission,
or any person claiming through or under lum, 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 the Court to stay the proceedings,
and the Court or a Judge thereof, is 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 do all things neces-
sary to the proper conduct of the arbitration, may make an
order staying the proceedings.

Notice to
appoint

Umplrc.

6. In any of the following cases-
(U) where a submission provides that the reference =bit.W=ror

shall be to a single arbitrator, and all the parties
do not after differences have arisen concur in the
appointment of an arbitrator;

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6 ARBITRATION

(b) if an appointed 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
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 or 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.

Refusal!

ordeathof
arbitrator.

7. 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 sub-
stitution as aforesaid, for seven clear days after
the other party, having appointed his arbitrator,

incapaly

Failure to
appoint
arbitrator.

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ARBITRATION I

has served the party making default with notice
to make the appointment, the party who has
appointed an arbitrator may appoint that arbi-
trator 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.

8. The arbitrators or umpire acting under a submission powersof
shall, unless the submission expresses a contrary intention, or umpire.
have power-

(a) to administer oaths to or take the affirmation 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.

9. Any party to a submission may sue out a writ of Subpcenar

arbitratora

subpcena ad testificandum or a writ of subpcena duces tecum,
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.

10. The time for making an award may from time to E ~ I ~ ~ ~ ~ .
time be enlarged by order of the Court or a Judge, whether mml . of hme for

making
award. the time for making the award has expired or not.

11.-(1) In all cases of reference to arbitration the Court ~ ~ i ~ ~ i ~ ~ of
or a Judge may from time to time remit the matters
referred, or any of them, to the reconsideration of the ;;;zdera-
arbitrators or umpire. rrbitratpra

or umprc.
(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.

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8 ARBITRATION

Misconduct

orumplrc.

12.-(1) Where an arbitrator or umpire has misconducted
himself, the Court may remove him.

(2) Where an arbitrator or umpire has misconducted
himself or an arbitration or award has been improperly
procured the Court may set the award aside.

of arbitfator

Enforcement
of awards.

13. 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

14.-(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 enquiry or
report to the Registrar or a Special Referee.

(2) The report of the Registrar or a Special Referee
may be adopted wholly or partially by the Court or a Judge,
and if so adopted may be enforced as a judgment or order
to the same effect.

Reference
hy order of
thecourt.

References 15. In any cause or matter (other than a criminal pro-

(a) if all the parties interested who are not under

(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

(c) if the question in dispute consists wholly or in part
of matters of account,

the Court or a Judge may at any time order the whole cause
or matter, or any question or issue of fact arising therein,

ceeding by the Crown+ by consent of parties in
any cause or
matler to

Special
Referee.
Registrar or disability consent; or

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ARBITRATION

to be tried before an arbitrator agreed on by the parties,
or before the Registrar or a Special Referee.

9

16.-(1) In all cases of reference to the Registrar or a Regislraror
Spcaal Speciai Referee or arbitrator under an order of the Court

or a Judge in any cause or matter, the Registrar 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 the Registrar or a
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 or a Judge shall be determined by the
Court or a Judge.

17. The Court or a Judge shall, as to references under powerof
order of the Court or a Judge, have all the powers which ,udgeasto
are by this Act conferred on the Court or a Judge as to
references by consent out of Court.

Court or

18. The Court of Appeal shall have all the powers con- Court of
Appal. ferred by this Act on the Court or a Judge thereof under

the provisions relating to references under order of the
court.

General
19.-(1) The Court or a Judge may order that a writ Courtmay

order writ of of subpena ad testificandum or of s u b p n a duces tecum subwmna.
shall issue to compel the attendance before the Registrar
or a Special Referee, or before any arbitrator or umpire,

4211969
2nd Sch. of a witness whenever he may be within Jamaica.

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10 ARBITRATION

Habcas (2) The Court or a Judge may also order that a
writ of habeas corpus ad restificandum shall issue to bring
up a prisoner for examination before the Registrar or
Special Referee or before any arbitrator or umpire.

Corpus.

Statingcasc
for opinion
of the Court.

20. The Registrar or any Special Referee, arbitrator,
or umpire may at any stage of the proceedings under a
reference, and shall, if so directed by the Court or Judgc,
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.

Terms of 21. 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.

order.

PCIJUrY. 22. Any person who wilfully and corruptly gives false
evidence before the Registrar, or any Special 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.

Cases io 23. This Act shall, except as in this Act expressly
crown or mentioned, apply to any arbitration to which the Attorney-

eneral, either in right of the Crown or otherwise, or the
Attorney-General on behalf of the Crown or the Govern-
ment of Jamaica is party, but nothing in this Act shall
empower the Court or a Judge to order any proceedings to
which Her Majesty, or the Attorney-General on behalf of
the Crown or the Government of Jamaica is a party, or any
question or issue in any such proceedings, to be tried before
the Registrar or any Special Referee, arbitrator, or officer
without the consent of the Attorney-General, or shall affect
the law as to costs payable by the Crown.

which the

Government G
19 party.

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ARBITRATION 11

24. This Act shall apply to every arbitration under any Application
of Act. law passed before or after the commencement of this Act,

as if the arbitration were pursuant to a submission, except
in so far as this Act is inconsistent with the law regulating
the arbitration, or with any rules or procedure authorized
or recognized by that law.

me inclusion of this page is authorized by L.N. 480119731
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