(1) An arbitration tribunal may—
| (i) |
require any party to the reference, subject to any legal objection, to make discovery of documents by way of affidavit or by answering interrogatories on oath and to produce such documents for inspection; |
| (ii) |
require the parties to the reference to deliver pleadings or statements of claim and defence or require any party to give particulars of his claim or counterclaim, and allow any party to amend his pleadings or statements of claim or defence; |
| (iii) |
require any party to the reference to allow inspection of any goods or property involved in the reference, which is in his possession or under his control; and |
| (iv) |
appoint a commissioner to take the evidence of any person in the Republic or abroad and to forward such evidence to the tribunal in the same way as if he were a commissioner appointed by the court; |
[Subsection (1)(a)(iv) amended by section 1 of Act No. 49 of 1996]
| (b) |
unless the arbitration agreement otherwise provides— |
| (i) |
from time to time determine the time when and the place where the arbitration proceedings shall be held or be proceeded with; |
| (ii) |
administer oaths to, or take the affirmations of, the parties and witnesses appearing to give evidence; |
| (iii) |
subject to any legal objection, examine the parties appearing to give evidence in relation to the matters in dispute and require them to produce before the tribunal all books, documents or things within their possession or power which may be required or called for and the production of which could be compelled on the trial of an action; |
| (iv) |
subject to any legal objection, examine any person who has been summoned to give evidence and require the production of any book, document or thing which such person has been summoned to produce; |
| (v) |
with the consent of the parties or on an order of court, receive evidence given by affidavit; and |
| (vi) |
inspect any goods or property involved in the reference. |
| (2) |
Where an arbitration tribunal consists of two or more arbitrators, any oath or affirmation may be administered by any member of the tribunal designated by it for the purpose. |
| (3) |
Where an arbitration tribunal consists of two arbitrators, their unanimous decision, and where it consists of more than two arbitrators, the decision of the majority of the arbitrators, shall be the decision of the arbitration tribunal. |
| (4) |
Where the arbitrators, or a majority of them, do not agree in their award, their decision shall not be taken to be either the least amount or least right of relief awarded by them, or the average of what has been awarded by them, but the matter shall thereupon become referable to the umpire, unless the arbitration agreement otherwise provides. |
Contingency Fees Act, 1997
