Arbitration CAP. 110
CHAPTER 110 ARBITRATION
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
PART I
Preliminary
2. Interpretation.
PART 11
Effect of Arbitration Agreements
PART III
Arbitrators and Umpires
PART IV Conduct of proceedings and Provisions as to Awards
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SECTION
PART V
Costs, Fees and Interest
Special Cases, Remission and setting aside and enforcement of Awards
Power of court to give relief where arbitrator is not impartial or the dispute involves question of fraud.
PART VII
References under Order of Court
PART VIII
Miscellaneous
35. Power of court to extend time for commencing arbitration proceedings.
Arbitration CAP. 110
SECTION
THE LAWS OF BARBADOS Printed in England by Eyre and Spottiswoode Limited, 2 Serjeants' Inn. London ECt, by authority of the Government of Barbados
1958-23.
CHAPTER 110
L.N.1968{1967.
ARBITRATION
An Act to make provision for Arbitrations.
[15th August, 1958]
Commencement.
1. This Act may be cited as the Arbitration Act.
Short title.
PART I
Preliminary
2. For the purposes of this Act, the expression-
Inter"arbitration agreement" means a written agreement to pretation. submit present or future differences to arbitration, whether an arbitrator is named therein or not;
" Court " means the High Court or a Judge;
L.N.168{ " reference" means a reference under an order made by the 1967. Court.
PART II
Effect of Arbitration Agreements
3. The authority of an arbitrator or umpire appointed by Auority of or by virtue of an arbitration agreement shall, unless a contrary atr intention is expresssed in the agreement, be irrevocable except o beu eo
lrrevocable.
by leave of the Court.
4. (1) An arbitration agreement shall not be discharged Death of by the death of any party thereto, either as respects the deceased party. or any other party, but shall in such an event be enforceable by or against the personal representative of the deceased.
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Bankruptcy
of party.
Staying court
proceedings
where there
is submission toarbitration.
Reference of
interpleader
issues to
arbitra tion.
5. (1) 'Where it is provided by a term in a contract to which a bankrupt is a party that any differences arising thereout or in connection therewith 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 (I) 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 a court for an order directing that the matter in question shall be referred to arbitration in accordance with the agreement, and that 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.
PART III
Arbitrators and Umpires
8. Unlesi a contrary intention is expressed therein, every Reference
to single
arbitration agreement shall, where no other mode of reference
arbitrator.
is provided, be deemed to include a provision that the reference shall be to a single arbitrator.
9. (I) "Vhere an arbitration agreement provides that the Power of
parties in
reference shall be to two arbitrators, one to be appointed by certain cases each party, then, unless a contrary intention is expressed to supply
vacancy.
therein
10. (1) Unless a contrary intention is expressed therein, Appoint
ment of
every arbitration agreement shall, where the reference is to umpires.
two arbitrators, be deemed to include a provision that the two
arbitrators shall appoint an umpire immediately after they are themselves appointed.
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Laws of Barbados-Val. IIISjg. 5
Agreements
for reference
to three
arbitrators.
Power of
court in
certain cases
to appoint
an arbitrator
or umpire.
ever 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 upon the reference in lieu of the arbitrators and as if he were a sole arbitrator.
11. (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) ''\There 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.
12. In any of the following cases
any party may serve the other parties or the arbitrators, as the case may be, with a written notice to appoint, or as the case may be, concur in appointing, an arbitrator, umpire or third arbitrator, and 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.
13. Where an arbitration agreement provides that the Reference to
official
reference shall be to an official referee, any official referee to
referee.
whom application is made, shall, subject to any order of the Court as to transfer or otherwise, hear and determine the matters agreed to be referred.
PART IV
Conduct of Proceedings and Provisions as to Awards
14. (I) Unless a contrary intention is expressed therein, Conduct of
proceedings,
every arbitration agreement shall, where such a provision is
summoning
applicable to the reference, be deemed to contain a provision of witnesses
and making
that-
of orders.
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s.14 CAP. 110 Arbitration
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, and the Court may order that a writ of subpoena ad testificandum or of subpoena duces tecum shall issue to compel the attendance before an arbitrator or umpire of a witness wherever he may be within the Island.
as it has for the purpose of and in relation to an action or matter in the Court.
(6) Nothing in subsection (5) shall 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 mentioned in
this section.
15. (1) Subject to subsection (2) of section 25, and anything Time for
making
to the contrary in the arbitration agreement, an arbitrator or
award.
umpire shall have power to make an award at any time.
(2) The time, if any, limited for making an award, whether under this Act or otherwise, may from time to time be enlarged by order of the Court, whether that time has expired or not.
16. (1) The Court may, on the application of any party to Removal by
court of
a reference, remove an arbitrator or umpire who fails to use
arbitrator or
all reasonable dispatch in entering on and proceeding with umpire for
dilatoriness
the reference and making an award, and an arbitrator or
or mis
umpire who is removed by the Court under this subsection conduct. shall not be entitled to receive any remuneration in respect of his services.
17. Unless a contrary intention is expressed therein, every Interim
awards.
arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the arbitrator or umpire may, if he thinks fit, make an interim award, and any reference in this Act to an award includes a reference to an interim award.
18. Unless a contrary intention is expressed therein, every Specific
performance.
arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the arbitrator 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.
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Awards to
19. Unless a contrary intention is expressed therein, every
be final.
arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the award to be made by the arbitrator or umpire shall be final and binding on the parties and the persons claiming under them respectively.
Power to
20. Unless a contrary intention is expressed in the arbitra
correct slips.
tion agreement, the arbitrator or umpire shall have power to correct in an award any clerical mistake or error arising from any accidental slip or omission.
PART V
Costs, Fees and Interest
21. (1) Unless a contrary intention is expressed therein, every arbitration agreement shall be deemed to contain a provision that the costs of the reference and award shall be in the discretion of the arbitrator 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 solicitor and client.
for an order directing by and to whom those costs shall be paid, and thereupon the arbitrator shall, after hearing any party who may desire to be heard, amend his award by adding thereto such directions as he may think proper with respect to the payment of the costs of the reference.
(6) Section 50 of the Solicitors Act (which empowers a Cap. 373. 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.
22. (1) In any case where an arbitrator or umpire refuses Taxation of to deliver his award except on payment of the fees demanded rbitor or by him, the Court may, on an application for the purpose, umpire. 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 taxing officer 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 ally, shall be paid out to the applicant.
23. A sum directed to be paid by an award shall, unless the Interest on
award otherwise directs, carry interest as from the date of the award and at the same rate as a judgment debt.
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Special Cases, Remission and setting aside and enforcement of Awards
Statement of
24. (1) An arbitrator or umpire may, and shall, if so
special case.
directed by the Court, state
(a) any question of law arising in the course of the reference; or
L.N. 168/ (3) An appeal shall lie to the Court of Appeal from any
1967.
decision of the Court under this section, but no appeal shall lie on any case stated under paragraph (a) of subsection (I) without leave of the Court or the Court of Appeal.
Power to 25. (1) In all cases of reference to arbitration the Court
remit award.
may from time to time remit the matters referred, or any of them, to the re-consideration of the arbitrator or umpire.
(2) Where an award is remitted, the arbitrator or umpire shall, unless the order otherwise directs, make his award within three months after the date of the order.
Setting aside
26. (1) Where an arbitrator or umpire has misconducted
award.
himself or the proceedings, or an arbitration or award has
been improperly procured, the Court may set the award aside.
(2) 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.
Power of 27. (1) Where an agreement between any parties provides
court to give
relief where that disputes which may arise in the future between them shall arbitrator be referred to an arbitrator named or designated in the agree
is not
impartial or ment, and after a dispute has arisen any party applies, on the the dispute ground that the arbitrator so named or designated is not or
involves
question of may not be impartial, for leave to revoke the authority of the fraud.
arbitrator 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 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 to arbitration, 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
sole arbitrator), Power °hf Itrators , arbitrator is
28. (1) Where
arbitrator
(not being not elng at entered
an or two or more ar Itrators
a
ar
e
or
remhov orremoved by the Court, the Court may, on the application of :it%r°is
an
umpire who has
not
on the reference is or are
c
any party to the arbitration agreement, appoint a person or revoked.
persons to act as arbitrator or arbitrators or umpire in place of the person or persons so removed.
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(b) order that the arbitration agreement shall cease to have effect with respect to the dispute referred.
Enforcement
29. An award on an arbitration agreement may, by leave of
of award.
the Court, be enforced in the same manner as a judgment or order to the same effect, and where leave is so given, judgment may be entered in terms of the award.
PART VII
References under Order of Court
Reference
30. (I) Subject to rules of court and to any right to have
for enquiry
and report. 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 proceed
ing by the Crown.
(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.
Reference
31. In any cause or matter (other than a criminal proceeding
for trial.
by the Crown)
(a) if all the parties interested who are not under disability consent; or
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.
32. (I) In all cases of reference to an official or special Powers an referee or arbitrator, the official or special referee or arbitrator fx;:'efe:tlOn shall be deemed to be an officer of the Court, and subject to an
arbItrators.
rules of court shall have such authority and conduct the reference in such manner as the Court may direct.
33. The Court shall, in relation to references, have all the Court to
have powen
powers which are by this Act conferred on the Court as to
as in referreferences by consent out of court. ences by
consent.
34. The Court of Appeal shall, on an appeal, have all such Powers of
Court of
powers as are conferred by the provisions of this Act on the
Appeal.
Court in relation to references. L. N.168/ 1967.
PART VIII
Miscellaneous
35. Where the terms of an agreement to refer future disputes Power of
to arbitration provide that any claims to which the agreement :Jime applies shall be barred unless notice to appoint an arbitrator for cO.m
mencmg
arbitration
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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.
'Ierms as to
36. Any order made under this Act may be made on such
costs.
terms as to costs or otherwise as the authority making the order thinks just.
Crown to be 37. This Act shall, except as herein expressly mentioned,
bound.
apply to any arbitration to which the Crown, or any public officer in respect of any act or omission 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 Crown 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 Governor-General.
Application 38. This Act shall apply in relation to every arbitration
of Act to
under any other enactment passed before or after the 15th
references
under August, 1958, as if the arbitration were pursuant to an arbitra
statutory
tion agreement and as if that other enactment were an arbitra
powers.
tion agreement, except in so far as this Act is inconsistent with
the other enactment regulating the arbitration or with any rules
or procedure authorised or recognised by that other enactment.
Saving for 39. (1) This Act shall not affect any arbitration which has
pending
arbitrations. commenced before the 15th August, 1958, but shall apply to any arbitration commenced after that date under any agreement or order made before that date.
(2) For the purposes of this section, an arbitration shall be 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.
40. Rules may he made in like manner as rules may he made Rules. under and for the purposes of the Supreme Court of Judicature
Cap_ 117.
Act, for carrying the purposes of this Act into effect, and for regulating the form and mode of procedure and, generally, the practice of the Court in respect of the matters to which this Act relates, and for regulating the fees and allowances to all officers and solicitors of the Court in respect of such matters.
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