Seamen's Compensation Regulations 1918
Div 6Appointment of New Arbitrator.
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Division 6.—Appointment of New Arbitrator.
Appointment of arbitrator by judge in place of arbitrator agreed on by the parties under Schedule II.,
paragraph (7). Cf. Eng. r. 40.
- (1) In case of the death or refusal or inability to act of on arbitrator agreed on by the parties, any party to the arbitration who desires to make an application to the judge to appoint a new arbitrator shall apply in writing to the Registrar to fix a time and place for the hearing of the application.
(2) The Registrar shall send the notice of the application to a judge, who shall, as soon as conveniently may be, fix a time and place for the hearing of the application:
Provided that the time shall not, except by consent, be less than seven days from the date of the application to the Registrar.
(3) On the time and place for the hearing of the application being fixed, the Registrar shall issue to the applicant a summons under the seal of the court in accordance with Form 26 in the Schedule, addressed to the other party to the arbitration, and requiring him to attend on the hearing of the application.
(4) The summons shall be served by the applicant on the other party in accordance with regulation 17 not less than four clear days before the day fixed for the hearing, unless the other party agrees to accept shorter service.
(5) On the day fixed for the hearing the judge shall dispose of the application on hearing the parties, or on hearing the applicant and on proof of service of the summons on the other party, if that party does not appear.
(6) Before appointing any person to act as arbitrator, the judge shall ascertain whether the person is willing to serve if appointed.
(7) The appointment may be made by endorsement on the summons, or by a separate order.
(8) The costs of the application shall be in the discretion of the judge, who may order the same to be paid by one party to the other, or to be dealt with as costs attending the arbitration.
(9) The costs, if allowed, shall be taxed at such scale as the judge directs.