Θεσμοί Πολιτικής Δικονόμίας

1. The consent of the parties to refer an action to arbitration pursuant to section 4 of the Courts of Justice (Supplementary Provisions) Law, Cap. 12, shall be signified in writing signed by the parties themselves in the presence of a Judge, Registrar, certifying officer, or notary public. If the consent is on separate documents, such documents shall be identical in all material respects. The document or documents of consent shall be filed.

2. If any party to the action is under any disability of any kind, his consent shall be of no value and arbitration shall not be ordered, unless the person suing or defending on his behalf consents and the Court or Judge considers that such party's interests run no risk of being prejudiced by an arbitration.

4. Upon the parties consenting as aforesaid and upon any party applying by summons for reference to arbitration and giving notice to all parties concerned, the Court or Judge may, if of opinion that the action cannot, by reason of its requiring any prolonged examination of documents or any scientific or local investigation or by reason of the question in dispute consisting wholly or in part of matters of account, conveniently be tried in the ordinary way, make an order referring the action to arbitration. Where in the action there are in dispute both a claim and a counter-claim, the order of reference shall be construed as including both, unless either is expressly excluded by the consent or the order of reference.

5. No order of reference shall be entered unless provision be made for the arbitrator's costs by the parties or such of them as the Court or Judge may direct by depositing in Court within the time specified by the Court or Judge such sum in respect thereof as may be ordered. And if the deposit is not made within such time, the order shall become ipso facto void unless the time is extended by the Court or Judge, and the action shall proceed as if no consent had been filed.

6. (1) The order of reference shall specify the arbitrator and the rate of his remuneration; but such rate may be increased or reduced if the Court or Judge so thinks fit.

(6) An arbitrator shall not be appointed unless he swears before the Court or Judge or files an affidavit that he will conduct the proceedings with all possible speed and determine the action with impartiality.

(7) Subject to these provisions, the Court or Judge may have regard to the wishes of the parties as shown in the consent filed, but shall, nevertheless, have unfettered discretion in deciding on the appointment, and shall appoint a fit and proper person.

7. (1) The order of reference shall limit the time within which the award is to be filed, but the time may be enlarged whether before or after the time limited has expired.

8. A copy of the order of reference and of such part of the file of proceedings as may in the opinion of the Court or Judge be necessary shall be handed to the arbitrator, and any proceedings before him prior to his receiving such copies shall be void.

9. The arbitrator shall appoint the time for the conduct of the proceedings before him, and the Registrar shall at his request give notice to the parties of the time and place at which the proceedings before him will be held. The notice shall be not less than a ten days' notice.

10. The proceedings before the arbitrator shall, as nearly as possible, be conducted in the same way as proceedings before the Court, and he shall have power to administer oaths to the witnesses. Summonses to witnesses to give evidence or produce documents before him may be issued by the Registrar upon the request of any party and enforced by order of the Court upon the arbitrator's application in the same way as summonses to appear before a Court. The summons shall specify clearly the time and place at which the witness is required to attend.

11. If after notice given as provided in Rule 9 of this Order a party fails to appear before the arbitrator, he may proceed in that party's absence to hear the case and make his award. If no parties appear he may dismiss the action.

12. If the arbitrator is an advocate he shall have power to decide all questions of evidence and any other question relating to the proceedings before him, including the costs of the action. If he is not an advocate he shall refer questions of evidence and costs with his report thereon, in the form of a case for the decision of the Court, if so requested by a party to the proceedings. But this Rule shall be subject to any special directions made in the order of reference.

13. The award shall be in writing signed by the arbitrator; it shall be sent to the Registrar in a sealed cover together with the copy of the order of reference, the copies of the notes of the proceedings before the Court furnished to him pursuant to Rule 8 of this Order and the arbitrator's own notes of the proceedings before him. Any documents and exhibits put in evidence before him shall be sent by him at the same time in a separate sealed cover with a distinguishing label. Save as provided in Rule 16 of this Order, copies of the papers sent by the arbitrator shall be furnished to any party upon payment of the prescribed fee. The Registrar shall note on the envelopes the day and time when he received them.

14. The arbitrator shall be regarded as an officer of the Court and may invoke its aid by application in any matter, and the Court or a Judge may make such order as may be necessary with a view to the proper conduct of the proceedings before the arbitrator. The arbitrator's applications and the orders thereon shall be free of charge.

15. If the arbitrator is a civil servant, he may adjourn the proceedings to suit the convenience of his duties as such; but if he is not a civil servant, he shall conduct the proceedings de die in diem until they are concluded, and shall not adjourn them except for good reason to be recorded in his notes and communicated to the parties present : provided that any arbitrator may reserve consideration of his award.

16. (1) The arbitrator shall be bound to hear the action referred to him and make his award thereon, and if he unduly delays, refuses or neglects to carry out his duties, he may be ordered by the Court to pay the costs occasioned by such undue delay, refusal, or neglect, and to forfeit any remuneration he may have earned, unless he satisfies the Court or Judge that such delay, refusal, or neglect was justifiable.

(2) An arbitrator shall, for good reason shown, be liable to removal by the Court upon application made prior to the receipt of his award by the Registrar. The affidavit in support of such application shall state that the applicant is not acquainted with the result of the award. A copy of the application and affidavit in support shall be served upon the arbitrator and the other parties to the proceedings. In such a case he may hold up his award or may send it to the Registrar, but the envelope shall not be opened until the application is decided; and if the arbitrator's removal is ordered, the papers sent by him to the Registrar shall, with the exception of the documents and exhibits put in evidence before him, be destroyed by the Registrar unopened, and the Court or Judge may make such order or direction for the further conduct of the case as may seem fit.

(3) Save as aforesaid, judgment may, upon the application of any party, and subject to the arbitrator's costs having been paid or provided for, be given in conformity with the award in so far as it determines the action referred, but if there is any mistake apparent on the face of the award, the Court may remit it for correction and then give judgment accordingly.