The Gazette 1952-1955

10 the arbitration unless a contrary intention appears, must submit themselves on oath before the arbitrator or umpire, and must produce all relevant documents ; all witnesses in arbitration proceedings may be examined on oath. In relation to arbitration proceedings, the High Court is given full power as to—(i) security for costs; (ii) discovery and interrogatories ; (iii) the tendering of evidence by affidavit; (iv) the examina­ tion o f witnesses before an officer o f the Court; and the issue o f a commission outside the juris­ diction ; (v) the preservation, sale or custody of any goods the subject-matter o f the dispute; (vi) securing the amount in dispute ; (vii) the detention, preservation or inspection o f any property the subject-matter o f the dispute; and (viii) interim injunctions and the appointment o f a receiver. Generally, an arbitrator or umpire may make an award at any time and the time, if limited, may be extended by the Court. An arbitrator or umpire may, on the application o f any party, be removed by order o f the High Court, if he fails to use all reason­ able dispatch in proceedings with the arbitration and making o f the award; in such a case, he will not be entitled to any remuneration for Ids services. Usually an arbitrator may make an interim award and will have the same power as the Court to order specific performance o f any contract other than a contract relating to the sale o f land. Generally, an award made by an arbitrator or umpire shall be final and binding on the parties. Every arbitration agreement shall be deemed to include a proviso that the costs o f the reference and award shall be in the sole discretion o f the arbitrator or umpire. The arbitrator may, with the consent of the parties, tax or settle the amount o f costs, and may award costs as between solicitor and client; if he does not do so, the costs will be taxed in the ordinary way. Any provision in an award that the parties shall in any event pay their costs shall be void. I f there is no provision as to costs in an award, any party may within 14 days of its publication, apply to the arbitrator for an order directing by and to whom such costs shall be paid, which directions shall be incorporated in the award. An arbitrator may charge property recovered or preserved with the payment o f the solicitor’s costs, applying Sect. 3 o f the Legal Practitioners’ (Ireland) Act, 1876. I f an arbitrator or umpire refuses to deliver his award except on payment o f his fees, the Court may order such arbitrator or umpire to deliver such award on payment o f the fees into Court, such fees to be subsequently taxed by the Taxing Master and to be recoverable in the same way as a taxation. I f directed by the Court, or on his own motion, an arbitrator may state any question of law or any award for decision by the Court and

the Court may remit such matters to the reconsidera­ tion o f the arbitrator. In cases o f misconduct the arbitrator may be removed by the Court and the Court may in such case set aside an award. If, in the event o f a compulsory arbitration, a named arbitrator is not deemed impartial, or if the dispute referred to him invokes a question o f fraud, the Court may revoke the arbitrator’s authority or order that an arbitration agreement shall cease to have effect. The Court may appoint another arbi­ trator if the original one is removed, or his authority is revoked. An arbitration award may, by leave o f the Court, be enforced in the same way as a judgment. The statutes o f limitation shall apply to an arbitration in the same way as if it were an action before the Court. The Court may extend the period o f limitation in the prescribed manner. The Court has full discretion as to the terms o f an order and the award o f costs. Part IV (Sections 49 to 53) deals with references under the order o f the Court. In any actions for an account the Supreme Court, High Court, or Circuit Court may at any time order the whole or part o f such action to be tried before an agreed arbitrator upon such terms as it deems reasonable. The award o f an arbitrator under such circumstances shall, unless set aside by the Court, be equivalent to a jury verdict. In such circumstances, the ap­ pointed arbitrators may at any time state questions o f law for the opinion of the Court. Part V (Sections 54 to 59 and 2 schedules) deals with the enforcement o f foreign awards. A “ foreign award ” is defined as an award made when Part V comes into force by order, in pursuance o f an arbitration agreement to which the scheduled Geneva Protocol on arbitration o f September 1923 applies, and made applicable to persons one of whom is a party to the scheduled Geneva Convention on foreign arbitrational awards o f September 1927, and the other party is subject to the jurisdiction o f another State, and which must have been made in a territory where the Geneva Convention o f 1927 applies. A foreign award is enforceable in Ireland in the same way as if it had been made by a local arbitrator and is binding for all purposes subject to the following conditions :— (1) The award must have been made in pursuance o f an arbitration agreement which was valid under the law by which it was governed. (2) It must have been made by the tribunal provided for in the agreement. (5) It must have been made in conformity with the law governing arbitration procedure. (4) It must have become final in the country in which it was made. (5) It must have been in respect o f a matter which may lawfully be referred to arbitration under Irish

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