LAWS OF FIJI
CHAPTER 38
ARBITRATION
Arrangement of Sections
SECTION
1. Short Title
2. Interpretation.
3. Submission to be irrevocable and have effect as an order of the court.
4. Provisions implied in submission.
5. Power to stay proceedings where there is a submission.
6. Power for the court in certain cases to appoint arbitrator, etc.
7. Power for parties in certain cases to fill vacancies.
8. Powers of arbitrator.
9. Award to be signed and filed.
10. Power to extend time for making award.
11. Power to remit award.
12. Power to set aside award.
13. Enforcing award.
14. Power to compel attendance of witnesses.
15. Statement of case pending arbitration.
16. Costs.
17. Forms.
18. Exercise of powers by officers of the court.
19. Death of party.
20. Bankruptcy.
21. Rules.
22. Crown to be bound.
23. Application to certain contracts.
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ARBITRATION
Ordinance No. 18 of 1965
AN ACT TO PROVIDE FOR THE REFERENCE AND SUBMISSION OF
DISPUTES TO ARBITRATION.
[10th June, 1965.]
Short title
1. This Act may be cited as the Arbitration Act.
Interpretation
2. In this Act, unless the context otherwise requires-
"court" means the Supreme Court;
"submission" means a written agreement to submit present or future differences to arbitration whether an arbitrator-is named therein or not.
Submission to be irrevocable and have effect as an order of the court
3. A submission, unless a contrary intention is expressed therein, shall be irrevocable, except by leave of the court or by mutual consent and shall have the same effect in all respects as if it had been an order of the court.
Provisions implied in submission. First Schedule
4. A submission, unless a contrary intention is expressed therein, shall be deemed to include the provisions set forth in the First Schedule in so far as such provisions are applicable to the reference under submission.
Power to stay proceedings where there is a submission
5. 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 other 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 that court, 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 do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.
Power for the court in certain cases to appoint arbitrator, etc.
6.-(1) 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) where 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 filled and the parties do not fill the vacancy;
(c) where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator and do not appoint one;
(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 filled and the parties or arbitrators do not fill the vacancy,
any party may serve the other parties or arbitrators, as the case may be, with a written notice to appoint an arbitrator, umpire or third arbitrator.
(2) If no appointment is made in accordance with the provisions of subsection (1), 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.
Power for parties in certain cases to fill vacancies
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 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 may set aside any appointment made in pursuance of the provisions of this section.
Powers of arbitrator
8. The arbitrators or umpire acting under a submission shall, unless the submission expresses a contrary intention, have power-
(a) to administer oaths to or take the affirmations of the parties and the 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.