38Referral to arbitration

#### 38 Referral to arbitration 38 Referral to arbitration (cf Act No 52 1970, section 76B; Act No 9 1973, section 63A; Act No 11 1970, section 21H) > > (1) The court may order that proceedings before it— > > > > > (a) in respect of a claim for the recovery of damages or other money, or > > > > > (b) in respect of a claim for any equitable or other relief ancillary to a claim for the recovery of damages or other money, > > > > be referred for determination by an arbitrator. > > > (2) Before making such an order in relation to any proceedings, the referring court— > > > > > (a) is to consider the preparations made by the parties for the hearing of the proceedings, and > > > > > (b) is, as far as possible, to deal with all matters that may be dealt with by the court on application to the court before the hearing of the proceedings, and > > > > > (c) is to give such directions for the conduct of the proceedings before the arbitrator as appear best adapted for the just, quick and cheap disposal of the proceedings. > > > (3) The referring court may not make such an order in relation to any proceedings if— > > > > > (a) no issue in the proceedings is contested or judgment in the proceedings has been given or entered and has not been set aside, or > > > > > (b) rules of court provide that such an order may not be made in relation to proceedings of that kind, or > > > > > (c) cause is otherwise shown why the proceedings should not be so referred. > > > (4) At any time before the making of an award in relation to referred proceedings, the referring court may revoke an order under this section and give directions for the subsequent conduct of the proceedings and directions as to any costs incurred before the revocation of the order. > > > (5) This section does not limit any other power of the court to refer a matter to arbitration. > > **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\].