- ARRANGEMENT OF SECTIONS
- Article 1: Short Title
- PART I: Preliminary
- PART II: Effect of Arbitration Agreements
- PART III: Arbitrators and Umpires
- Article 8: Reference to single arbitrator
- Article 9: Power of parties in certain cases to supply vacancy
- Article 10: Appointment of Umpires
- Article 11: Agreements for reference to three arbitrators
- Article 12: Power of court in certains cases to appoint an arbitrator or umpire
- Article 13: Reference to official referee
- PART IV: Conduct of Proceedings and Provisions as to Awards
- Article 14: Conduct of proceedings, summoning of witnesses and making of orders
- Article 15: Time for making award
- Article 16: Removal by court of arbitrator or umpire for dilatoriness or misconduct
- Article 17: Interim awards
- Article 18: Specific performance
- Article 19: Award to be final
- Article 20: Power to correct slips
- PART V: Costs, Fees and Interest
- Article 21: Costs
- Article 22: Taxation of fees of arbitrator or umpire
- Article 23: Interest on awards
- PART VI: Special Cases, Remission and setting adide and enforcement of Awards
- Article 24: Statement of special case
- Article 25: Power to remit award
- Article 26: Setting aside award
- Article 27: Power of court to give relief where arbitrator is not impartial of the dispute involves a question of fraud
- Article 28: Power of Court where arbitrator is removed or authority of arbitrator is revoked
- Article 29: Enforcement of award
- PART VII: References under Order of Court
- PART VIII: Miscellaneous
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 THE LAWS OF BARBADOS
I Printed in England by Eyre and Spottiswoode Limited, 2 Serjeants' Inn, London EC, by authority of the Government of Barbados
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. THE LAWS OF BARBADOS
Printed in England by Eyre and Spottiswoode LimitedJ 2: Serjeanu' Inn, London EC4,
by authority oC the Government oC Barbados
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. THE LAWS OF BARBADOS
Printed in England by Eyre and Spottiswoode Limited, 2 Serjeants' Inn, London EC4,
by authority of the Government of Barbados
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. THE LAWS OF BARBADOS
Printed in England by Eyre and Spottiswoode Limited, 2 Serjeants' Inn, London EC.j.,
by authority of the Government of Barbados
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.
THE LAWS OF BARBADOS
Printed in England by Eyre and Spottiswoode Limited, 2 Serjeants' Inn, London EC4,
by authority of the Government of Barbados
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.
awards.