the civil procedure act - Kenya Law Reports

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186[Subsidiary]Appointment ofarbitrator.[Order 46, rule 3.]Form of order.CAP. 21 Civil Procedure [Rev. 2010upon between the parties.3. (1) The court shall, by order, refer to the arbitrator the matter inreasonable for the making of the award, and shall specify such time in the order.(2) Where a matter is referred to arbitration, the court shall not, save in themanner and to the extent provided in this Order, deal with such matter in the suit.[Order 46, rule 4.]Provisions where twoor more arbitrators.4. (1) Where the reference is to two or more arbitrators provision shallbe made in the order for a difference of opinion among the arbitrators—(a) by the appointment of an umpire; or(b) by declaring that, if the majority of the arbitrators agree, the decisionof the majority shall prevail; or(c) by empowering the arbitrators to appoint an umpire; or(d) otherwise as may be agreed between the parties, or, if they cannotagree, as the court may determine.reasonable for the making of his award in case he is required to act.[Order 46, rule 5.]Power to appointarbitrator.5. (1) In any of the following cases, namely—(a) where the parties cannot agree within thirty days with respect tothe appointment of an arbitrator, or the person appointed refuses(b) where the arbitrator or umpire—(i) dies; or(ii) refuses or neglects to act or becomes incapable of acting; ornot return at an early date; or(c) where the arbitrators are empowered by the order of reference toappoint an umpire and fail to do so,any party may serve the other or the arbitrators as the case may be with a writtennotice to appoint an arbitrator or umpire.(2) If, within seven clear days after such notice has been served or suchfurther time as the court may in each case allow, no arbitrator or no umpire isappointed, as the case may be, the court may, on application by the party whogave the notice, and after giving the other party an opportunity of being heard,
Rev. 2010] Civil Procedure CAP. 21 187appoint an arbitrator or umpire, or make an order superseding the arbitration,and in such case shall proceed with the suit.6. Every arbitrator or umpire appointed under rule 4 or rule 5 shall havethe like powers as if his name had been inserted in the order of reference.7. (1) The court shall issue the same processes to the parties and witnesseswhom the arbitrator or umpire desires to examine as the court may issue insuits tried before it.(2) Persons not attending in accordance with such process or making anyother default, or refusing to give their evidence, or are guilty of any contemptto the arbitrator or umpire during the investigation of the matters referred, shallbe subject to the like disadvantages, penalties, and punishments, by order ofthe court on the representation of the arbitrator or umpire, as they would incurfor the like offences in suits tried before the court.time for the making of the award, whether or not at the date of the agreementtime has expired, and whether or not an award has been made since the expiryof the time allowed.[Subsidiary][Order 46, rule 6.]Power of arbitratoror umpire appointedby court.[Order 46, rule 7.]Summoningwitnesses anddefault.[Order 46, rule 8.]Extension of time formaking award.(2) On application made by a party, arbitrator or umpire on notice, thecourt may either extend the time for the making of the award, whether or notat the date of the application time has expired, and whether or not an award hasbeen made since the expiry of the time allowed, or make an order supersedingthe arbitration in which case it shall proceed with the suit.9. Where an umpire has been appointed he may enter on the referencein the place of the arbitrators—(a) if they have allowed the appointed time to expire without makingan award, or[Order 46, rule 9.]Where umpire mayarbitrate in lieu ofarbitrators.(b) if they have delivered to the court or to the umpire a notice inwriting stating that they cannot agree.10. Where an award in a suit has been made, the persons who made it shallany depositions and documents which have been taken and proved before them.reading the award.(2) The award shall be read within thirty days of the notice.read by the registrar to such of the parties as are present.[Order 46, rule 10.]Award to be signed,[Order 46, rule 11.]Time for reading
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