Cap. 7:15
ARBITRATION ACT
Act 6/1996
(d) the claimant fails to prosecute his claim, the arbitral tribunal may make an award
dismissing the claim or give directions, with or without conditions, for the speedy
determination of the claim.
ARTICLE 26
Expert appointed by arbitral tribunal
(1) Unless otherwise agreed by the parties, the arbitral tribunal—
(a) may appoint one or more experts to report to it on specific issues to be determined by
the arbitral tribunal;
(b) may require a party to give the expert any relevant information or to produce, or to
provide access to any relevant document, goods or other property for his inspection.
[amended by Act 14/2002 with effect from 4th February, 2002 – see s. 47 of Acty 14/2002.]
(2) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal
considers it necessary, the expert shall, after delivery of his written or oral report, participate in
a hearing where the parties have the opportunity to put questions to him and to present expert
witnesses in order to testify on the points at issue.
ARTICLE 27
Court assistance in taking evidence
(1) The arbitral tribunal or a party with the approval of the arbitral tribunal may request
from the High Court assistance in taking evidence. The High Court may execute the request
within its competence and according to its rules on taking evidence.
(2) For the purposes of paragraph (1) of this article—
(a) the High Court may issue a subpoena to compel the attendance of a witness before an
arbitral tribunal to give evidence or produce documents;
(b) the High Court may order any witness to submit to examination on oath before the
arbitral tribunal, or before an officer of the court or any other person for the use of the
arbitral tribunal;
(c) the High Court shall have, for the purpose of the arbitral proceedings, the same power
as it has for the purpose of proceedings before that court to make an order for—
(i) the discovery of documents and interrogatories;
(ii) the issue of a commission or request for the taking of evidence out of the
jurisdiction;
(iii) the detention, preservation or inspection of any property or thing which is in
issue or relevant to the arbitral proceedings and authorising for any of those
purposes any person to enter upon any land or building in the possession of a
party, or authorising any sample to be taken or any observation to be made or
experiment to be tried which may be necessary or expedient for the purpose of
obtaining full information or evidence.
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