Div 4General Provisions as to Arbitration.

Division 4.—General Provisions as to Arbitration.

Appearance of parties. Eng. r. 33.

38. (1) A party to any arbitration may appear—

(a) in person;

(b) by solicitor;

(c) by counsel;

or, by leave of the judge or arbitrator, a party may appear—

(d) by a member of his family;

(e) by a person in the permanent and exclusive employment of the party;

(f) in the case of a company or corporation, by any director of the company or corporation, or by the secretary or any other officer or any person in the permanent and exclusive employment of the company or corporation;

(g) by any officer or member of any society or other body of persons of which the party is a member or with which he is connected, or, where death results from the injury, by any officer or member of any society or other body of persons of which the deceased seaman was a member or with which he was connected; or

(h) under special circumstances, by any other person.

(2) No person other than a solicitor who appears or acts on behalf of any party in any arbitration under the Act shall be entitled to have or recover any fee or reward for so appearing or acting, other than such travelling expenses, and (in the case of a seaman or a member of his family) allowance for time (if any) as is allowed by the judge or arbitrator:

Provided that nothing in these Regulations shall affect the right of counsel to appear or act in any arbitration, or the right of any solicitor to recover costs in respect of his employment of counsel to appear or act as aforesaid.

Note to be taken of questions of law raised, &c., and copy furnished. Eng. r. 34.

39. At the hearing of any arbitration the judge shall make a note of any question of law raised, and of the facts in evidence in relation thereto and of his decision thereon and of his decision in the arbitration, and he shall, at the expense of any party to such arbitration, furnish a copy of the note so taken or allow a copy of the same to be taken by or on behalf of such party, and shall sign such a copy, whether a notice of motion by way of appeal has been served or not.

Claims for compensation.

40. (1) In the case of the death of a seaman the claim for compensation shall state the date on which news of the death was received by the claimant.

(2) The claim for compensation on behalf of the dependants of a seaman lost with his ship shall state the date on which the ship was lost or is deemed to have been lost.

Description of owners or charterers in documents and proceedings.