Div 3Proceedings before Arbitrator appointed by County Court.

Division 3.—Proceedings before Arbitrator appointed by County Court.

Appointment of arbitrator. Cf. Eng. r. 29.

32. With respect to the appointment of an arbitrator by a County Court, the following provisions shall apply:—

(a) On an application being made for the settlement by arbitration of any matter, a judge of the County Court may (if, from the state of the business of the court, or for any other reason, a judge is unable to settle the matter within a reasonable time) appoint, by writing under his hand, and filed in the court, an arbitrator to settle the matter.

(b) In case of the death or refusal or inability to act of an arbitrator appointed under this regulation, the judge may, on the application of any party, appoint a new arbitrator in accordance with this regulation.

Fixing day for arbitration. Cf. Eng. r. 30.

33. (1) Where any matter is to be settled by an arbitrator, the judge shall return the copy of the request for arbitration to the Registrar, with the appointment of the arbitrator, to be transmitted to the arbitrator.

(2) The Registrar shall transmit the copy of the request and of the appointment to the arbitrator, who shall, as soon as conveniently may be, appoint a day and hour for proceeding with the arbitration, in accordance with regulation 15.

Procedure before arbitrator. Cf. Eng. r. 31.

34. On the day for proceeding with an arbitration being fixed, the Registrar shall proceed according to regulation 16, and thenceforward the arbitration shall proceed in the same manner as an arbitration before a judge, and these Regulations shall apply and the officers of the court shall act accordingly, with the substitution of the arbitrator for a judge:

Provided that—

(a) In any case coming within the provisions of paragraph (a) or paragraph (b) (i) of sub-regulation (5) of regulation 20, or in any other case in which, after an arbitrator has been appointed, but before the day fixed for proceeding with the arbitration, the parties agree upon an award, a judge may, on application made to him in or out of court on behalf of or with the consent of all parties, settle the matter himself; and thereupon the functions of the arbitrator as to the matter shall cease, and the Registrar shall forthwith inform him that the matter has been settled; and

(b) Any application for the enforcement of or for staying proceedings on an award, which would in the case of an award made by the judge be required to be made to the judge shall, in the case of an award made by an arbitrator, be in like manner made to the judge.

Submission of question of law by committee or arbitrator to judge. Cf. Eng. r. 32.