Arbitration Act (Amendment of Fourth Schedule)

L.N. 166 of 2006

ARBITRATION ACT

(CAP. 387)

Arbitration Act (Amendment of Fourth Schedule)

(No. 2) Regulations, 2006

IN EXERCISE of the powers conferred by article 15(13) of the

Arbitration Act, the Deputy Prime Minister and Minister for Justice

and Home Affairs has made the following regulations

(1) The title of these regulations is the Arbitration Act Citation and

(Amendment of Fourth Schedule) (No. 2) Regulations, 2006, and they coming

force.

shall be read and construed as one with the Fourth Schedule of the

Arbitration Act, hereinafter referred to as "the Fourth Schedule".

(2) These regulations shall come into force on the 1st August,

2006.

Paragraph 3 of Part B of the Fourth Schedule shall be Amendment of

paragraph 3 of

amended as follows

Part B of the

Fourth

Schedule.

(a) for the words "of the notice of arbitration;" there shall

be substituted the words "of the notice of arbitration:" and

(b) the following proviso shall be added at the end thereof

"Provided that the Chairman of the Centre shall not

appoint as sole arbitrator or as a member of the arbitral

tribunal, when it is composed of three arbitrators, any

person who is appointed as an arbitrator in ten or more

pending arbitrations.".

Immediately after paragraph 8 of Part B of the Fourth Addittion of

new paragraphs

Schedule there shall be added the following new paragraphs

in Part B of the

Fourth

Schedule.

"(9) The arbitral tribunal shall establish the days and

times when sittings shall be held

Provided that the arbitral tribunal shall appoint the

first sitting for hearing within one month from receipt by the

arbitral tribunal of the documentation relating to the dispute.

(10) (1) The arbitral tribunal shall deliver the award

within two months from the date that proceedings are declared

closed.

(2) In the event that the arbitral tribunal fails to deliver

its award as aforesaid, any party to the proceedings may request

the Chairman of the Centre to withdraw the appointment of the

arbitral tribunal by means of an application in writing.

(3) The decision on the withdrawal will be made by the

Chairman of the Centre, and his decision shall be final and

binding.

(4) The decision of the Chairman to withdraw the

appointment of the arbitral tribunal shall be served on the

arbitral tribunal, on the parties and on the Registrar.

(5) Where the Chairman upholds a request for the

withdrawal of the appointment of the arbitral tribunal as

aforesaid, the Chairman shall appoint another arbitral tribunal in

its stead without delay.

(6) Upon notification of such withdrawal, the arbitral

tribunal shall immediately, and in any case not later than ten

days from the date of notification, deliver to the Registrar all

documentation and all evidence relative to the dispute, failing

which disciplinary action shall be taken in accordance with rule

72(6) of the Arbitration Rules, 2004.

(1) Where either party informs the arbitral tribunal

that an action in respect of the same subject-matter and between

the same parties has been brought before the court, the arbitral

tribunal shall suspend the arbitration proceedings until such

time as a judgment is given by the court in the said action.

(2) The arbitral tribunal shall be bound by, and act

according to, the judgment delivered by the court on the same

subject-matter and between the same parties, that may be

notified to it by either party.

If two or more disputes on the same subject-matter

are referred to arbitration, the Chairman may, upon the

application of either party, order that the disputes are heard by

the same arbitral tribunal.

The Arbitration Rules, 2004 shall apply to disputes

under this Schedule except to the extent modified by the rules

contained in this Part.

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