No. XXXII.
An Act to amend and consolidate the law re-
| 1 ating* to Arbitration. | [31st March, 1892.] |
| Most Excellent Majesty, by and with the advice and consent of the | WHEREAS it is expedient to amend and consolidate the law relating to Arbitration : Be it therefore enacted by the Queen's |
| Legislative Council and legislative Assembly of New South "Wales in Parliament assembled, and by the authority of the same, as follows :—• |
References by Consent out of Court.
1. A submission, unless a contrary intention is expressed therein, shall be irrevocable, except by leave of the Court or a Judge, and shall have the same effect in all respects as if it had been made an order' of Court.
2. A submission, unless a contrary intention is expressed therein,: shall be deemed to include the provisions set forth in the Eirst Schedule'' to this Act, so far as they are applicable to the reference under the submission.
i 3. 3. If any party to a submission, or any person claiming through or under him, commences any legal proceedings in any Court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that Court to stay the proceedings, and that Court or a Judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.
4. In any of the following cases:—
(a) Where a submission provides that the reference shall be to a single arbitrator, and all the parties do not after differences have arisen concur in the appointment of an arbitrator : (b) If an appointed arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied, and the parties do not supply the vacancy : (c) Where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator and do not appoint him : (d) Where an appointed umpire or third arbitrator refuses to act, or is incapable of acting, or dies, and the submission docs not show that it was intended that the vacancy should not be supplied, and the parties or arbitrators do not supply the vacancy:
Any party may serve the other parties or the arbitrators, as the case may be, with a written notice to appoint an arbitrator, umpire, or third arbitrator.
If the appointment is not made within seven clear days after the service of the notice, the Court or a…