County Court Rules (Northern Ireland) 1981

ORDER 20 Arbitration

Fixing of date

1.  Where proceedings are, in accordance with Article 31 of the Order, ordered to be referred to arbitration, the chief clerk shall cause the order to be forthwith lodged with the arbitrator thereby appointed who shall within fourteen days thereafter fix the date of the hearing after consultation with the parties or their solicitors.

Conduct of arbitrations

2.  Every such reference shall be conducted as nearly as may be in the same manner and in accordance with the same rules and practice as a hearing by a judge.

Restriction on provision of copies of deeds, etc.

3.  Where original deeds or documents are available, copies shall be brought in only by special direction of the arbitrator.

Arbitrator's powers of adjournment, inspection, etc.

4.  The arbitrator may hold the hearing at or adjourn it to any place which he may deem most convenient and may have any inspection or view which he may deem expedient for the better disposal of the matter before him.

Report to judge; judge's powers thereon

5.  The arbitrator to whom any cause or matter or any question or issue of fact arising therein has been referred may by his report submit any question arising out of the reference for the decision of the judge or state any facts specially with power to the judge to draw inferences therefrom, and in any such case such order shall be made on the submission or statement as the judge may direct; and the judge shall have power to require any explanations or reasons from the arbitrator, and to remit the cause or matter or any part thereof for further consideration to the same or to any other arbitrator; or the judge may decide the question referred to any arbitrator on the evidence taken at the hearing under such reference either with or without additional evidence as the judge may direct.

Witnesses' expenses

6.  The expenses of witnesses shall be measured by the arbitrator as nearly as possible in accordance with the scales prevailing in the court from which the arbitration is referred and such expenses shall be set forth in the award and shall be subject to review by the judge.