Implied Conditions of Arbitration Agreements
1. Unless otherwise expressly provided, the reference shall be to a sole arbitrator.
2. If the reference is to an even number of arbitrators, the arbitrators shall appoint an
umpire not later than one month from the latest date of their respective appointments.
3. The arbitrators shall make their award within four months after entering on the
reference or after having been called upon to act by notice in writing from any party to the
arbitration agreement or within such extended time as the Court may allow.
4. If the arbitrators have allowed their time to expire without making an award or have
delivered to any party to the arbitration agreement or to the umpire a notice in writing stating that
they cannot agree, the umpire shall forthwith enter on the reference in lieu of the arbitrators.
5. The umpire shall make his award within two months of entering on the reference or
within such extended time as the Court may allow.
6. The parties to the reference and all persons claiming under them shall, subject to the
provisions of any law for the time being in force, submit to be examined by the arbitrators or
umpire on oath or affirmation in relation to the matters in difference and shall, subject as
aforesaid, produce before the arbitrators or umpire all books, deeds, papers, accounts, writings
and documents within their possession or power respectively, which may be required or called
for, and do all other things which, during the proceedings on the reference, the arbitrators or
umpire may require.
7. The award shall be final and binding on the parties and persons claiming under them
respectively.
8. The costs of the reference and award shall be in the discretion of the arbitrators or
umpire who may direct to, and by whom, and in what manner, such 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 legal practitioner and client.