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Arbitration
ARBITRATION ACT

CHAPTER 5:01

LAWS OF TRINIDAD AND TOBAGO

Act
5 of 1939

Amended by
*22 of 1981
36 of 1997

*See Note on page 2

L.R.O.

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–18 ..

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

2 Chap. 5:01 Arbitration

Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

Note on Chapter 61:02
Section 1 of the Mining Compensation Act, Ch. 61:02, provides that that Act shall be read
as one with the Arbitration Act.

Note on Amendment
Sections 2 and 24 of this Act have been amended by Act No. 22 of 1981 i.e. the Limitation Act,
1981 but Act No. 22 of 1981 had not, up to the date of the last revision of this Act, been brought
into operation.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Arbitration Chap. 5:01 3

CHAPTER 5:01

ARBITRATION ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Interpretation.

REFERENCES BY CONSENT OUT OF COURT
3. Arbitration agreement irrevocable having effect as order of Court.

4. Provisions implied in arbitration agreements.
5. Arbitration agreement not to be discharged by death of

party thereto.
6. Provisions in case of bankruptcy.
7. Power to stay proceedings where there is an arbitration agreement.
8. Power of Court in certain cases to appoint an arbitrator, umpire

or third arbitrator.
9. Provisions on the appointment of two arbitrators.

10. Provisions on the appointment of three arbitrators.
11. Arbitrators and umpires to use due dispatch.
12. Power of Court to give relief where arbitrator is not impartial

or dispute referred involves question of fraud.
13. Where arbitrator is removed or appointment of arbitrator

is revoked.
14. When umpire is the sole arbitrator.
15. Powers of arbitrator.
16. Witnesses may be summoned by subpoena.
17. Enlargement of time for making award.
18. Power to remit award for reconsideration.
19. Power to set aside award.
20. Enforcing award.
21. Interest on awards.
22. Provision as to costs.
23. Application of section 69 of the Solicitors Act to costs

in arbitration.
24. Limitation of time for commencing arbitration proceedings.

UNOFFICIAL VERSION


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LAWS OF TRINIDAD AND TOBAGO

4 Chap. 5:01 Arbitration

REFERENCES UNDER ORDER OF COURT
25. Reference for enquiry and report.
26. Reference for trial.
27. Powers and remuneration of referees and arbitrators.
28. Court to have powers as in references by consent.
29. Powers of Court of Appeal.

GENERAL
30. Power to compel attendance of witness.

Habeas Corpus.
31. Additional powers of Court.
32. Statement of case by arbitrator or umpire.
33. Costs.
34. Taxation of arbitrator’s or umpire’s fees.
35. State to be bound.
36. Application of Act to references under statutory powers.
37. Saving for pending arbitrations.

FIRST SCHEDULE.
SECOND SCHEDULE.

ARRANGEMENT OF SECTIONS—Continued
SECTION

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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Arbitration Chap. 5:01 5

CHAPTER 5:01

ARBITRATION ACT

An Act relating to Arbitrations.

[4TH MAY 1939]

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

2. In this Act—
“arbitration agreement” means a written agreement to submit

present or future differences to arbitration, whether an
arbitrator is named therein or not;

“Court” means the High Court;
“reference” means a reference under an order made by the Court;
“Rules of Court” means rules of the Supreme Court made under

the Supreme Court of Judicature Act.

REFERENCES BY CONSENT OUT OF COURT

3. An arbitration agreement, unless a contrary intention is
expressed therein, shall be irrevocable except by leave of the Court
and shall have the same effect in all respects as if it had been made
an order of Court.

4. An arbitration agreement, unless a contrary intention is
expressed therein, shall be deemed to include the provisions set
out in the First Schedule, so far as they are applicable to the
reference under the arbitration agreement.

5. (1) An arbitration agreement shall not be discharged
by the death of any party to such an agreement, either as
respects the deceased or any other party, but shall in such an
event be enforceable by or against the personal representative of
the deceased.

(2) The authority of an arbitrator shall not be revoked by
the death of any party by whom he was appointed.

1950 Ed.
Ch.7. No. 1.
5 of 1939.

Commencement.

Short title.

Interpretation.

Ch. 4:01.

Arbitration
agreement
irrevocable
having effect as
order of Court.

Provisions
implied in
arbitration
agreements.
First Schedule.

Arbitration
agreement not
to be discharged
by death of
party thereto.

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LAWS OF TRINIDAD AND TOBAGO

6 Chap. 5:01 Arbitration

Provisions in
case of
bankruptcy.

Power to stay
proceedings
where there is
an arbitration
agreement.

(3) Nothing in this section shall be taken to affect the
operation of any written law or any rule of law by virtue of which
any right of action is extinguished by the death of a person.

6. (1) Where it is provided by a term in a contract to
which a bankrupt is a party that any differences arising out of or
in connection with the contract shall be referred to arbitration,
the said term shall, if the trustee in bankruptcy adopts the
contract, be enforceable by or against him so far as relates to any
such differences.

(2) Where a person who has been adjudged bankrupt had
before the commencement of the bankruptcy become a party to an
arbitration agreement and any matter to which the agreement
applies requires to be determined in connection with or for the
purposes of the bankruptcy proceedings, then, if the case is one to
which subsection (1) does not apply, any other party to the
agreement or, with the consent of the committee of inspection, the
trustee in bankruptcy, may apply to the Court for an order directing
that the matter in question shall be referred to arbitration in
accordance with the agreement, and the Court may, if it is of opinion
that, having regard to all the circumstances of the case, the matter
ought to be determined by arbitration, make an order accordingly.

7. If any party to an arbitration agreement, or any person
claiming through or under him, commences any legal proceedings
in the Court against any other party to the arbitration agreement,
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
the Court to stay the proceedings, and the Court, if satisfied that
there is no sufficient reason why the matter should not be referred
in accordance with the arbitration agreement, and that the
applicant was, at the time when the proceedings were commenced,
and still remains, ready and willing to do all things necessary to
the proper conduct of the arbitration, may make an order staying
the proceedings.

UNOFFICIAL VERSION


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L.R.O.

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Arbitration Chap. 5:01 7

8. (1) In any of the following cases:
(a) where an arbitration agreement 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; or

(b) if an appointed arbitrator refuses to act, or is
incapable of acting or dies, or is absent from
Trinidad and Tobago, and the arbitration
agreement does not show that it was intended
that the vacancy should not be supplied, and the
parties do not supply the vacancy; or

(c) where the parties or two arbitrators are at liberty
to appoint an umpire or third arbitrator, or
where two arbitrators are required to appoint an
umpire, and do not appoint him; or

(d) where an appointed umpire or third arbitrator
refuses to act, or is incapable of acting or dies, or
is absent from Trinidad and Tobago and the
arbitration agreement 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.

(2) If the appointment is not made within seven clear
days after the service of the notice, the Court 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.

9. Where an arbitration agreement provides that a reference
shall be to two arbitrators, one to be appointed by each party, then,
unless the arbitration agreement expresses a contrary intention —

(a) if either of the appointed arbitrators refuses to act,
or is incapable of acting or dies, or is absent from

Power of Court
in certain cases
to appoint an
arbitrator,
umpire or third
arbitrator.

Provisions on
the
appointment of
two arbitrators.

UNOFFICIAL VERSION


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LAWS OF TRINIDAD AND TOBAGO

8 Chap. 5:01 Arbitration

Trinidad and Tobago, the party who appointed
him may appoint a new arbitrator in his place; or

(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.

The Court may, however, set aside any appointment made in
pursuance of this section.

10. (1) Where an arbitration agreement provides that the
reference shall be to three arbitrators, one to be appointed by each
party and the third to be appointed by the two appointed by the
parties, the agreement shall have effect as if it provided for the
appointment of an umpire, and not for the appointment of a third
arbitrator, by the two arbitrators appointed by the parties.

(2) Where an arbitration agreement provides that the
reference shall be to three arbitrators to be appointed otherwise
than as mentioned in subsection (1), the award of any two of the
arbitrators shall be binding.

11. (1) The Court may, on the application of any party to a
reference, remove an arbitrator or umpire who fails to use all
reasonable dispatch in entering on and proceeding with the
reference and making an award.

(2) An arbitrator or umpire who is removed by the Court
under this section shall not be entitled to receive any remuneration
in respect of his services.

(3) Subject to section 18(2) and to anything to the contrary
in the arbitration agreement, an arbitrator or umpire shall have
power to make an award at any time.

Provisions on
the appointment
of three
arbitrators.

Arbitrators and
umpires to use
due dispatch.

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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Arbitration Chap. 5:01 9

(4) For the purposes of this section, “proceeding with a
reference” includes, in a case where two arbitrators are unable to
agree, giving notice of that fact to the parties and to the umpire.

12. (1) Where an agreement between any parties provides that
disputes which may arise in the future between them shall be
referred to an arbitrator named or designated in the agreement and
after a dispute has arisen any party applies, on the ground that the
arbitrator so named or designated is not or may not be impartial,
for leave to revoke the arbitration agreement or for an injunction
to restrain any other party or the arbitrator from proceeding with
the arbitration, it shall not be a ground for refusing the application
that the said party at the time when he made the agreement knew,
or ought to have known, that the arbitrator by reason of his relation
towards any other party to the agreement or of his connection with
the subject referred might not be capable of impartiality.

(2) Where an agreement between any parties provides that
disputes which may arise in the future between them shall be
referred as provided in subsection (1) and a dispute which so arises
involves the question whether any such party has been guilty of
fraud, the Court shall, so far as may be necessary to enable that
question to be determined by the Court, have power to order that
the agreement shall cease to have effect and power to give leave
to revoke any arbitration agreement made thereunder.

(3) In any case where by virtue of this section the Court
has power to order that an arbitration agreement shall cease to
have effect or to give leave to revoke any arbitration agreement,
the Court may refuse to stay any action brought in breach of
the agreement.

13. (1) Where an arbitrator (not being a sole arbitrator), or
two or more arbitrators (not being all the arbitrators) or an umpire
who has not entered on the reference is or are removed by the
Court, the Court may, on the application of any party to the
arbitration agreement, appoint a person or persons to act as
arbitrator or arbitrators or umpire in place of the person or
persons so removed.

Power of Court
to give relief
where
arbitrator is not
impartial or
dispute referred
involves
question of
fraud.

Where
arbitrator is
removed or
appointment of
arbitrator is
revoked.

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LAWS OF TRINIDAD AND TOBAGO

10 Chap. 5:01 Arbitration

(2) Where the appointment of an arbitrator or arbitrators
or umpire is revoked by leave of the Court, or a sole arbitrator or
all the arbitrators or an umpire who having entered on the reference
is or are removed by the Court, the Court may, on the application
of any party to the arbitration agreement, either —

(a) appoint a person to act as sole arbitrator in place
of the person or persons removed; or

(b) order that the arbitration agreement shall cease
to have effect with respect to the dispute referred.

(3) A person appointed under this section by the Court as
an arbitrator or umpire shall have the like power to act in the
reference and to make an award as if he had been appointed in
accordance with the terms of the arbitration agreement.

(4) Where it is provided (whether by means of a provision
in the arbitration agreement or otherwise) that an award under an
arbitration agreement shall be a condition precedent to the bringing
of an action with respect to any matter to which the agreement
applies, the Court, if it orders (whether under this section or under
any other written law) that the agreement shall cease to have effect
as regards any particular dispute, may further order that the
provision making an award a condition precedent to the bringing
of an action shall also cease to have effect as regards that dispute.

14. At any time after the appointment of an umpire, however
appointed, the Court may, on the application of any party to the
reference and notwithstanding anything to the contrary in the
arbitration agreement, order that the umpire shall enter on the
reference in lieu of the arbitrators and as if he were a sole arbitrator.

15. The arbitrators or umpire acting under an arbitration
agreement shall, unless the arbitration agreement expresses a
contrary intention, have power—

(a) to administer oaths to or take the affirmations of
the parties and witnesses appearing; and

(b) to correct in an award any clerical mistake or error
arising from any accidental slip or omission.

When umpire is
the sole
arbitrator.

Powers of
arbitrator.

UNOFFICIAL VERSION


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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Arbitration Chap. 5:01 11

Witnesses may
be summoned
by subpoena.

Enlargement of
time for making
award.

Power to remit
award for
reconsideration.

Power to set
aside award.

Enforcing
award.

Interest on
awards.

Provision as to
costs.

16. Any party to an arbitration agreement may sue out a writ
of subpoena ad testificandum or of subpoena 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.

17. The time for making an award may from time to time be
enlarged by order of the Court whether the time for making the
award has expired or not.

18. (1) In all cases of reference to arbitration the Court 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.

19. (1) Where an arbitrator or umpire has misconducted
himself or the proceedings, the Court may remove him, but
before making any such order the arbitrator or umpire may, if the
Court so directs, be given an opportunity of showing cause against
such order.

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

20. An award or an arbitration agreement may, by leave of
the Court, be enforced in the same manner as a judgment or order
of the Court to the same effect and in such case judgment may be
entered in terms of the award.

21. A sum directed to be paid by an award shall, unless the
award otherwise directs, carry interest as from the date of the award
and at the same rate as a judgment debt.

22. (1) Any provision in an arbitration agreement to the
effect that the parties or any party to the agreement shall in any
event pay their or his own costs of the reference or award or any

UNOFFICIAL VERSION


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LAWS OF TRINIDAD AND TOBAGO

12 Chap. 5:01 Arbitration

part thereof shall be void and this Act shall in the case of an
arbitration agreement containing any such provision have effect
as if that provision were not contained therein, but nothing herein
shall invalidate such a provision when it is part of an agreement to
submit to arbitration a dispute which has arisen before the making
of such agreement.

(2) If no provision is made by an award with respect
to the costs of the reference, any party to the reference may
within fourteen days of the publication of the award or such
further time as a Court may direct apply to the arbitrator for an
order directing by and to whom such costs shall be paid, and
thereupon the arbitrator shall after hearing any party who may
desire to be heard amend his award by adding to it such directions
as he may think proper with respect to the payment of the costs
of the reference.

*23. Section 69 of the Solicitors Act (which empowers a
Court before which any proceeding is being heard or is pending to
charge property recovered or preserved in the proceeding with the
payment of solicitors’ costs), shall apply as if an arbitration were a
proceeding in the Court, and the Court may make declarations
and orders accordingly.

24. Where the terms of an agreement to refer future disputes
to arbitration provide that any claims to which the agreement
applies shall be barred unless notice to appoint an arbitrator is
given or an arbitrator is appointed or some other step to
commence arbitration proceedings is taken within a time fixed by
the agreement, and a dispute arises to which the agreement
applies, the Court, if it is of opinion that in the circumstances
of the case undue hardship would otherwise be caused, and
notwithstanding that the time so fixed has expired, may, on such
terms (if any) as the justice of the case may require, but without
prejudice to the provisions of any enactment limiting the time for
the commencement of arbitration proceedings, extend the time for
such period as it thinks proper.

Application of
section 69 of
the Solicitors
Act to costs in
arbitration.
Ch. 6:50.

Limitation of
time for
commencing
arbitration
proceedings.
[36 of 1997].

* The Solicitors Act (Ch. 6:50) has been repealed by the Legal Profession Act (Ch. 90:03).—
See Part V of Ch. 90:03.

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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Arbitration Chap. 5:01 13

REFERENCES UNDER ORDER OF COURT

25. (1) Subject to Rules of Court, and to any right to have
particular cases tried with a jury, the Court may refer to an official
or special referee for enquiry or report any question arising in any
cause or matter, other than a criminal proceeding by the State.

(2) The report of an official or special referee may be
adopted wholly or partially by the Court, and if so adopted may be
enforced as a judgment or order to the same effect.

26. In any cause or matter (other than a criminal proceeding
by the State)—

(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 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 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 agreed on by the parties, or in
default of agreement, before an official referee or officer of
the Court.

27. (1) In all cases of reference to an official or special referee
or arbitrator, the official or special referee or arbitrator shall be
deemed to be an officer of the Court, and subject to Rules of Court
shall have such authority and conduct the reference in such manner
as the Court 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, be equivalent to the verdict of a jury.

Reference for
enquiry and
report.

Reference for
trial.

Powers and
remuneration of
referees and
arbitrators.

UNOFFICIAL VERSION


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LAWS OF TRINIDAD AND TOBAGO

14 Chap. 5:01 Arbitration

Court to have
powers as in
references by
consent.

Powers of
Court of
Appeal.

Power to
compel
attendance of
witness.

Habeas Corpus.

Additional
powers of Court.

Second
Schedule.

(3) The remuneration to be paid to an official or a special
referee or arbitrator to whom any matter is referred under an order
of the Court shall be determined by the Court.

28. The Court shall, in relation to references, have all the
powers which are by this Act conferred on the Court as to references
by consent out of Court.

29. The Court of Appeal shall, on an appeal, have all such
powers as are conferred by this Act on the Court in relation
to references.

GENERAL

30. (1) The Court may order that a writ of subpoena ad
testificandum or of subpoena duces tecum shall issue to compel
the attendance before an official or special referee, or before any
arbitrator or umpire of a witness in Trinidad and Tobago.

(2) The Court may 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 arbitrator or before an umpire.

31. (1) The Court shall have, for the purpose of and in relation
to a reference, the same power of making orders in respect of any
of the matters set out in the Second Schedule as it has for the
purpose of and in relation to an action or matter in the Court; but
this shall not be taken to prejudice any power which may be vested
in an arbitrator or umpire of making orders with respect to any of
the matters aforesaid.

(2) Where relief by way of interpleader is granted and it
appears to the Court that the claims in question are matters to which
an arbitration agreement to which the claimants are parties applies,
the Court may direct the issue between the claimants to be
determined in accordance with the agreement.

(3) Where an application is made to set aside an award
the Court may order that any money made payable by the award
shall be brought into Court or otherwise secured pending the
determination of the application.

UNOFFICIAL VERSION


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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Arbitration Chap. 5:01 15

Statement of
case by
arbitrator or
umpire.

Costs.

Taxation of
arbitrator’s or
umpire’s fees.

32. (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.

(3) An appeal shall lie to the Court of Appeal from any
decision of the Court under this section, but no appeal shall lie on
any case stated under subsection (1)(a) without leave of the Court
or of the Court of Appeal.

33. 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.

34. (1) If in any case an arbitrator or umpire refuses to
deliver his award except on payment of the fees demanded by
him, the Court may, on an application for the purpose, order that
the arbitrator or umpire shall deliver the award to the applicant on
payment into Court by the applicant of the fees demanded, and
further that the fees demanded shall be taxed by the Registrar of
the Supreme Court and that out of the money paid into Court there
shall be paid out to the arbitrator or umpire by way of fees such
sum as may be found reasonable on taxation and that the balance
of the money (if any) shall be paid out to the applicant.

(2) An application for the purposes of this section may
be made by any party to the reference unless the fees demanded
have been fixed by a written agreement between him and the
arbitrator or umpire.

(3) A taxation of fees under this section may be reviewed
in the same manner as a taxation of costs.

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LAWS OF TRINIDAD AND TOBAGO

16 Chap. 5:01 Arbitration

State to be
bound.

Application of
Act to
references
under statutory
powers.

Saving for
pending
arbitrations.

(4) The arbitrator or umpire shall be entitled to appear
and be heard on any taxation or review under this section.

35. This Act, except as herein expressly mentioned, applies to
any arbitration to which the State or any officer of the Government
in respect of any act by him or by his department, is a party, but
nothing in this Act shall empower the Court to order any
proceedings to which the State is a party or any question or issue
in any such proceedings, to be tried before any referee, arbitrator,
or officer without the consent in writing of the President.

36. This Act applies in relation to every arbitration under any
other written law passed before or after the coming into force of
this Act as if the arbitration were pursuant to an arbitration
agreement and as if that other written law were an arbitration
agreement, except in so far as this Act is inconsistent with the
other written law regulating the arbitration or with any rules or
procedure authorised or recognised by that other written law.

37. (1) This Act does not affect any arbitration which was
commenced before the date of the coming into force of this Act
but shall apply to any arbitration commenced after the
4th May 1939 under any agreement or order made before that date.

(2) For the purposes of this section, an arbitration is
deemed to have commenced when one party to the arbitration
agreement serves on the other party or parties a notice requiring
him or them to appoint an arbitrator, or, where the arbitration
agreement provides that the reference shall be to a person named
or designated in the agreement, requiring him or them to submit
the dispute to the person so named or designated.

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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Arbitration Chap. 5:01 17

FIRST SCHEDULE

PROVISIONS TO BE IMPLIED IN
ARBITRATION AGREEMENTS

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, the two arbitrators may appoint
an umpire immediately after they are themselves appointed.

3. If the arbitrators have delivered to any party to the arbitration agreement,
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.

4. If the parties to an arbitration agreement between whom differences
have arisen are unable to agree as to the terms upon which such differences
shall be submitted to arbitration, any party may apply by originating summons
to a Judge in Chambers to settle the terms of reference.

5. 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, 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 during the proceedings on the reference the arbitrators or
umpire may require.

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

7. The award to be made by the arbitrators or umpire shall be final and
binding on the parties and the persons claiming under them respectively.

8. The costs of the reference and award shall be in the discretion of the
arbitrators or umpire, who may direct 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
Attorney-at-law and client.

9. The arbitrators or umpire shall have the same power as the Court to
order specific performance of any contract other than a contract relating to land
or any interest in land.

10. The arbitrators or umpire may, if they think fit, make an interim award.

Section 4.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

18 Chap. 5:01 Arbitration

SECOND SCHEDULE

MATTERS IN RESPECT OF WHICH THE COURT
MAY MAKE ORDERS

1. Security for costs.

2. Discovery of documents and interrogatories.

3. The giving of evidence by affidavit.

4. Examination on oath of any witness before an officer of the Court or
any other person, and the issue of a commission or request for the examination
of a witness out of the jurisdiction.

5. The preservation, interim custody or sale of any goods which are the
subject matter of the reference.

6. Securing the amount in dispute in the reference.

7. The detention, preservation or inspection of any property or thing which
is the subject of the reference or as to which any question may arise therein, and
authorising for any of the purposes aforesaid any persons to enter upon or into
any lands or building in the possession of any party to the reference, or to
authorising any samples to be taken or any observation to be made or experiment
to be tried which may be necessary or expedient for the purpose of obtaining
full information or evidence.

8. Interim injunctions or the appointment of a receiver.

Section 31.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt