	Title
1	Short Title.
2	Interpretation.
	References by Consent out of Court
3	Submission to be irrevocable, and to have effect as an order of Court.
4	Provisions implied in submissions.
5	Power to stay proceedings where there is a submission.
6	Power for the Court in certain cases to appoint an arbitrator or umpire.
7	Power for parties in certain cases to supply vacancy.
8	Powers of arbitrator.
9	Witnesses may be subpoenaed.
10	Power to enlarge time for making award.
11	Power to remit award.
12	Power to set aside award.
13	Enforcing award.
	References under Order of Court
14	Reference for report.
15	Power to refer in certain cases.
16	Powers and remuneration of arbitrators.
17	Court to have powers as in references by consent.
18	Court of Appeal to have powers of Court.
	General
19	Power to compel attendance of witness in any part of New Zealand, and to order prisoner to attend.
20	Statement of case pending arbitration.
21	Costs.
22	Arbitrator or umpire entitled to remuneration.
23	Power to make rules.
24	Crown to be bound.
25	Application of Act to references under statutory powers.
	FIRST SCHEDULE Enactments consolidated
	SECOND SCHEDULE Provisions to be implied in Submissions

An Act to consolidate certain Enactments of the General Assembly relating to Arbitration.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title.

(1.)

The Short Title of this Act is “The Arbitration Act, 1908.”

Enactments consolidated.

(2.)

This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings.

(a.)

All submissions, awards, orders, rules, reports, appointments, instruments, and generally all acts of authority which originated under any of the said enactments, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.

(b.)

All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.

2 Interpretation.

1890, No. 10, sec. 3 1906, No. 33, sec. 2

In this Act, if not inconsistent with the context,—

“Arbitrator” includes referee and valuer:

“Court” means the Supreme Court, and includes a Judge thereof:

“Rules of Court” means rules of the Court of Appeal, or of the Supreme Court, made by the proper authority under this Act:

“Submission” means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not, or under which any question or matter is to be decided by one or more persons to be appointed by the contracting parties or by some person named in the agreement.

References by Consent out of Court

3 Submission to be irrevocable, and to have effect as an order of Court.

1890, No. 10, sec. 4

A submission, unless a contrary intention is expressed therein, shall be irrevocable, except by leave of the Court, and shall have the same effect in all respects as if made an order of Court.

4 Provisions implied in submissions.

Ibid, sec. 5

A submission, unless a contrary intention is expressed therein, shall be deemed to include the provisions specified in the Second Schedule hereto, so far as they are applicable to the reference under the submission.

5 Power to stay proceedings where there is a submission.

Ibid, sec. 6

If any party to a submission, or any person claiming through or under him, commences any legal proceedings in the Court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time before filing a statement of defence or taking any other steps in the proceedings, apply to the Court to stay the proceedings; and the Court, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.

6 Power for the Court in certain cases to appoint an arbitrator or umpire.

Ibid, sec. 7

(1.)

In any of the following cases:—

(a.)

Where a submission provides that the reference shall be to a single arbitrator, and all the parties do not concur in the appointment of an arbitrator; or

(b.)

Where an appointed arbitrator fails to act, or is or becomes incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied, and the parties do not supply the vacancy; or

(c.)

Where the parties or two arbitrators are at liberty to appoint an umpire and do not appoint one; or

(d.)

Where an appointed umpire or third arbitrator fails to act, or is or becomes incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied, and the parties or arbitrators do not supply the vacancy,—

any party may serve the other party or the arbitrators, as the case may be, with a written notice to appoint an arbitrator or umpire.

(2.)

If the appointment is not made within seven days after the service of the notice, the Court may, on application by the party who gave the notice, appoint an arbitrator or umpire, who shall have the like powers to act in the reference and make an award as if he had been appointed by consent of all parties.

7 Power for parties in certain cases to supply vacancy.

Ibid. sec. 8

(1.)

Where a submission provides that the reference shall be to two arbitrators, one to be appointed by each party, then, unless the submission expresses a contrary intention,—

(a.)

If either of the appointed arbitrators fails to act, or is or becomes incapable of acting, or dies, the party who appointed him may appoint a new arbitrator in his place; and

(b.)

If one party fails to appoint an arbitrator, either originally or by way of substitution as aforesaid, for seven days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and his award shall be binding on both parties as if he had been appointed by consent.

(2.)

The Court may set aside any appointment made in pursuance of this section.

8 Powers of arbitrator.

1890, No. 10, sec. 9

The arbitrators or umpire acting under a submission may, unless the submission expresses a contrary intention,—

(a.)

Administer oaths to the parties and witnesses appearing; and

(b.)

State an award as to the whole or part thereof in the form of a special case for the opinion of the Court; and

(c.)

Correct in an award any clerical mistake or error arising from any accidental slip or omission.

9 Witnesses may be subpoenaed.

Ibid, sec. 10

Any party to a submission may sue out a writ of subpœna, ad testificandum, or a writ of subpœna duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.

10 Power to enlarge time for making award.

Ibid, sec. 11

The time for making an award may from time to time be enlarged by order of the Court, whether the time for making the award has expired or not.

11 Power to remit award.

Ibid, sec. 12

(1.)

In all cases of reference to arbitration the Court may from time to time remit the matters referred, or any of them, to the reconsideration of the arbitrators or umpire.

(2.)

Where an award is remitted the arbitrators or umpire shall, unless the order otherwise directs, make their award within three months after the date of the order.

12 Power to set aside award.

Ibid, sec. 13

(1.)

Where an arbitrator or umpire has misconducted himself the Court may remove him.

(2.)

Where an arbitrator or umpire has misconducted himself, or any arbitration or award has been improperly procured, the Court may set the award aside.

13 Enforcing award.

Ibid, sec. 14

An award on a submission may, by leave of the Court, be enforced in the same manner as a judgment or order to the same effect.

References under Order of Court

14 Reference for report.

52 and 53 Vict., c. 49, sec. 13

(1.)

Subject to rules of Court and to any right to have particular cases tried by a jury, the Court or a Judge may refer any question arising in any cause or matter (other than a criminal proceeding by the Crown) for inquiry or report to any official or special referee.

(2.)

The report of such official or special referee may be adopted wholly or partially by the Court or a Judge, and if so adopted may be enforced as a judgment or order to the same effect.

15 Power to refer in certain cases.

1890, No. 10, sec. 15

In any cause or matter (other than a criminal proceeding by the Crown),—

(a.)

If all the parties interested who are not under disability consent; or

(b.)

If the question in dispute consists wholly or in part of matters of account; or

52 and 53 Vict., c. 49, sec. 14

(c.)

If the cause or matter requires any prolonged examination of documents, or any scientific or local investigation, which cannot in the opinion of the Court or a Judge conveniently be made before a jury or conducted by the Court through its other ordinary officers,—

the Court may at any time order the whole cause or matter, or any question or issue of fact arising therein, to be tried before an arbitrator agreed on by the parties, or before an officer of the Court.

16 Powers and remuneration of arbitrators.

1890, No. 10, sec. 16

(1.)

In all cases of reference to an arbitrator under an order of the Court in any cause or matter the arbitrator shall be deemed to be an officer of the Court, and shall have such authority, and shall conduct the reference in such manner, as is prescribed by rules of Court, and, subject thereto, as the Court directs.

(2.)

The report or award of any arbitrator on any such reference shall, unless set aside by the Court, be equivalent to the verdict of a jury.

(3.)

The remuneration to be paid to any arbitrator to whom any matter is referred under order of the Court shall be determined by the Court.

17 Court to have powers as in references by consent.

Ibid, sec. 17

The Court shall, as to references under order of the Court, have all the powers conferred by this Act on the Court as to references by consent out of Court.

18 Court of Appeal to have powers of Court.

Ibid, sec. 18

The Court of Appeal shall have all the powers conferred by this Act on the Court under the provisions relating to references under order of the Court.

General

19 Power to compel attendance of witness in any part of New Zealand, and to order prisoner to attend.

Ibid, sec. 19

(1.)

The Court may order that a writ of subpœna ad testificandum or of subpœna duces tecum shall issue to compel the attendance before any arbitrator or umpire of a witness wherever he may be in New Zealand.

(2.)

The Court may also, by order in writing under the hand of a Judge, require a prisoner to be brought up for examination before any arbitrator or umpire, and such order shall operate and be obeyed in like manner in all things as a writ of habeas corpus ad testificandum issued out of the Court.

20 Statement of case pending arbitration.

Ibid, sec. 20

Any arbitrator or umpire may at any stage of the proceedings under a reference, and shall if so directed by the Court, state in the form of a special case for the opinion of the Court any question of law arising in the course of the reference.

21 Costs.

Ibid, sec. 21

Any order made under this Act may be made on such terms as to costs, or otherwise, as the authority making the order thinks just.

22 Arbitrator or umpire entitled to remuneration.

Ibid, sec. 22

An arbitrator or umpire shall be entitled to a reasonable remuneration for his services as such arbitrator or umpire, and if the parties to the submission do not agree as to the amount to be paid, or as to the mode and time of payment, a Judge may, on a summary application to him for that purpose, fix and determine all or any of such matters.

23 Power to make rules.

Ibid, sec. 23

Rules may from time to time be made in the manner prescribed by “The Judicature Act, 1908,” for the purpose of giving effect to this Act in the Court of Appeal or the Supreme Court.

24 Crown to be bound.

1890, No. 10, sec. 25

This Act shall apply to any arbitration to which His Majesty, in right of the Crown, is a party; but nothing herein shall empower the Court to order any proceedings to which His Majesty is a party, or any question or issue in any such proceedings, to be tried before any arbitrator or officer without the consent of the Attorney-General, or shall affect the law as to costs payable by the Crown.

25 Application of Act to references under statutory powers.

Ibid, sec. 26

This Act applies to every arbitration under any Act passed before or after the coming into operation of this Act as if the arbitration were pursuant to a submission, except in so far as this Act is inconsistent with the Act regulating the arbitration, or with any rules or procedure authorised or recognised by that Act.

SCHEDULES

FIRST SCHEDULE Enactments consolidated

1890, No. 10.—“The Arbitration Act, 1890.”

1906, No. 33.—“The Arbitration Act Amendment Act, 1906.”

SECOND SCHEDULE Provisions to be implied in Submissions

Section 4. Ibid, Schedule.

1.

IF no other mode of reference is provided, the reference shall be to a single arbitrator.

2.

If the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award.

3.

The arbitrators shall make their award in writing within three months after entering on the reference, or after being called on to act by notice in writing from any party to the submission, or on or before any later day to which the arbitrators, by any writing signed by them, may from time to time enlarge the time for making the award.

4.

If the arbitrators have allowed their time or extended time to expire without making an award, or have delivered to any party to the submission, or to the umpire, a notice in writing stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators.

5.

The umpire shall make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or on or before any later day to which the umpire by any writing signed by him may from time to time enlarge the time for making his award.

6.

The parties to the reference, and all persons claiming through them respectively, shall, subject to any legal objection, submit to be examined by the arbitrators or umpire on oath in relation to the matters in dispute, and shall, subject as aforesaid, produce before the arbitrators or umpire all books, deeds, papers, accounts, writings, or documents within their possession or power that may be required or called for, and do all such other things as during the proceedings on the reference the arbitrators or umpire may require.

7.

The witnesses on the reference shall, if the arbitrators or umpire think fit, be examined on oath.

8.

The award made by the arbitrators or umpire shall be final and binding on the parties and the persons claiming under them respectively.

9.

The costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what amount those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof, and may award costs to be paid as between solicitor and client.