69. Arbitration Proceedings.
ORDER 69
ARBITRATION PROCEEDINGS
1. Interpretation (O. 69 r. 1)
In this Order "Act" means the Arbitration Act 1952 (Act 93).
2. Matters for a Judge in Court. (O. 69 r. 2)
(1) Every application to the Court
(a) to remit an award under section 23 of the Act; or
(b) to remove an arbitrator or umpire under section 24(1) of that Act; or
(c) to set aside an award under section 24(2) thereof, must be made by originating motion to a single Judge in Court.
(2) A special case stated for the decision of the High Court by an arbitrator or umpire under section 22 of the Act shall be heard and determined by a single Judge.
(3) An application for a declaration that an award made by an arbitrator or umpire is not binding on a party to the award on the ground that it was made without jurisdiction may be made by originating motion to a single Judge in Court, but the foregoing provision shall not be taken as affecting the Judge’ power to refuse to make such a declaration in proceedings begun by motion.
3. Matters for Judge in Chambers or Registrar. (O. 69 r. 3)
(1) Subject to the foregoing provisions of this Order, the jurisdiction of the High Court or a Judge thereof under the Act may be exercised by a Judge in Chambers or the Registrar.
(2) An application for an order under section 22 of the Act directing an arbitrator or umpire to state a case must be made by originating summons and the summons must be served on the arbitrator or umpire and the other party to the reference.
(3) No appearance need be entered to an originating summons by which an application under the said Act is made.
4. Special provisions as to applications to remit or set aside an award. (O. 69 r. 4)
(1) An application to the Court–
(a) to remit an award under section 23 of the Act; or
(b) to set aside an award under section 24(2) of that Act or otherwise,
may be made at any time within 6 weeks after the award has been made and published to the parties.
(2) In the case of every such application, the notice of motion must state in general terms the grounds of the application; and, where the motion is founded on evidence by affidavit, a copy of every affidavit intended to be used must be served with that notice.
5. Service out of the jurisdiction of summons, notice, etc. (O. 69 r. 5)
(1) Service out of the jurisdiction–
(a) of an originating summons for the appointment of an arbitrator or umpire or for leave to enforce an award; or
(b) of notice of an originating motion to remove an arbitrator or umpire or to remit or set aside an award; or
(c) of any order made on such a summons or motion as aforesaid,
is permissible with the leave of the Court provided that the arbitration to which the summons, motion or order relates is to be, or has been held within the jurisdiction.
(2) An application for the grant of leave under this rule must be supported by an affidavit stating the ground on which the application is made and showing in what place or country the person to be served is, or probably may be found; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this rule.
(3) Order 11, rules 5, 6 and 8, shall apply in relation to any such summons, notice or order as is referred to in paragraph (1) as they apply in relation to notice of a writ.
6. Registration in High Court of foreign awards. (O. 69 r. 6)
Where an award is made in proceedings on an arbitration in any part of the British Commonwealth or other territory to which the Reciprocal Enforcement of Judgments Act 1958 extends, shall in relation to that part of the British Commonwealth have effect, then, if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a Court in that place, Order 67 shall apply in relation to the award as it applies in relation to a judgment given by that Court, subject, however, to the following modifications:
(a) for references to the country of the original Court there shall be substituted references to the place where the award was made; and
(b) the affidavit required by rule 3 of the said Order must state (in addition to the other matters required by that rule) that to the best of the information or belief of the deponent the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a Court in that place.
ORDER 69
ARBITRATION PROCEEDINGS
1. Interpretation (O. 69 r. 1)
In this Order "Act" means the Arbitration Act 1952 (Act 93).
2. Matters for a Judge in Court. (O. 69 r. 2)
(1) Every application to the Court
(a) to remit an award under section 23 of the Act; or
(b) to remove an arbitrator or umpire under section 24(1) of that Act; or
(c) to set aside an award under section 24(2) thereof, must be made by originating motion to a single Judge in Court.
(2) A special case stated for the decision of the High Court by an arbitrator or umpire under section 22 of the Act shall be heard and determined by a single Judge.
(3) An application for a declaration that an award made by an arbitrator or umpire is not binding on a party to the award on the ground that it was made without jurisdiction may be made by originating motion to a single Judge in Court, but the foregoing provision shall not be taken as affecting the Judge’ power to refuse to make such a declaration in proceedings begun by motion.
3. Matters for Judge in Chambers or Registrar. (O. 69 r. 3)
(1) Subject to the foregoing provisions of this Order, the jurisdiction of the High Court or a Judge thereof under the Act may be exercised by a Judge in Chambers or the Registrar.
(2) An application for an order under section 22 of the Act directing an arbitrator or umpire to state a case must be made by originating summons and the summons must be served on the arbitrator or umpire and the other party to the reference.
(3) No appearance need be entered to an originating summons by which an application under the said Act is made.
4. Special provisions as to applications to remit or set aside an award. (O. 69 r. 4)
(1) An application to the Court–
(a) to remit an award under section 23 of the Act; or
(b) to set aside an award under section 24(2) of that Act or otherwise,
may be made at any time within 6 weeks after the award has been made and published to the parties.
(2) In the case of every such application, the notice of motion must state in general terms the grounds of the application; and, where the motion is founded on evidence by affidavit, a copy of every affidavit intended to be used must be served with that notice.
5. Service out of the jurisdiction of summons, notice, etc. (O. 69 r. 5)
(1) Service out of the jurisdiction–
(a) of an originating summons for the appointment of an arbitrator or umpire or for leave to enforce an award; or
(b) of notice of an originating motion to remove an arbitrator or umpire or to remit or set aside an award; or
(c) of any order made on such a summons or motion as aforesaid,
is permissible with the leave of the Court provided that the arbitration to which the summons, motion or order relates is to be, or has been held within the jurisdiction.
(2) An application for the grant of leave under this rule must be supported by an affidavit stating the ground on which the application is made and showing in what place or country the person to be served is, or probably may be found; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this rule.
(3) Order 11, rules 5, 6 and 8, shall apply in relation to any such summons, notice or order as is referred to in paragraph (1) as they apply in relation to notice of a writ.
6. Registration in High Court of foreign awards. (O. 69 r. 6)
Where an award is made in proceedings on an arbitration in any part of the British Commonwealth or other territory to which the Reciprocal Enforcement of Judgments Act 1958 extends, shall in relation to that part of the British Commonwealth have effect, then, if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a Court in that place, Order 67 shall apply in relation to the award as it applies in relation to a judgment given by that Court, subject, however, to the following modifications:
(a) for references to the country of the original Court there shall be substituted references to the place where the award was made; and
(b) the affidavit required by rule 3 of the said Order must state (in addition to the other matters required by that rule) that to the best of the information or belief of the deponent the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a Court in that place.
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