On 19/05/2013,
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ORDER 69
ARBITRATION PROCEEDINGS
1. In this Order, “Act” means the Arbitration Act (Chapter 10).
2.
—(1) Every application to a Judge —
(a)
to challenge an arbitrator under section 15(4) of the Act;
(b)
to remove an arbitrator under section 16 of the Act;
(c)
to decide on the arbitral tribunal’s ruling on jurisdiction under section 21(9) of the Act;
(d)
to determine, under section 45 of the Act, any question of law arising in the course of the arbitration proceedings;
(e)
to set aside an award under section 48 of the Act; or
(f)
for leave to appeal under section 49(3)(b) of the Act,
must be made by originating summons.
(2) An appeal with the agreement of all the other parties to the arbitration proceedings under section 49(3)(a) of the Act shall be made by originating summons.
(3) [Deleted by S 806/2005]
3.
—(1) An application —
(a)
to reinstate discontinued proceedings under section 6(4) of the Act;
(b)
for leave to enforce interlocutory orders or directions of an arbitral tribunal under section 28(4) of the Act;
(c)
for an order in support of arbitration proceedings under section 31 of the Act;
(d)
(e)
for an order under section 41(2) of the Act where the arbitral tribunal withholds its award for non-payment of fees and expenses;
(f)
(g)
to hear an application otherwise than in open Court under section 56 of the Act; or
(h)
to give directions on whether and to what extent information relating to an application heard otherwise than in open Court may be published under section 57 of the Act,
shall be made to a Judge or the Registrar.
(2) Any application to which this Rule applies must, where an action is pending, be made by summons in the action, and in any other case by originating summons.
(3) Where the case is one of urgency, such application may be made ex parte on such terms as the Court thinks fit.
4.
—(1) An application under section 45 of the Act to determine any question of law arising in the course of the arbitral proceedings must be made by originating summons and served, within 14 days after —
(a)
the agreement of all the parties to the arbitral proceedings; or
(b)
the permission of the arbitral tribunal has been obtained.
(2) For the purpose of paragraph (1), the agreement or permission must be made or given in writing.
(3) Where an application under section 45 of the Act is made without the agreement in writing of all the other parties to the arbitral proceedings but with the permission of the arbitral tribunal, the affidavits filed by the parties shall set out any evidence relied on by the parties in support of their contention that the Court should, or should not, allow the application.
5.
—(1) The originating summons for setting aside an award under section 48 of the Act must be supported by an affidavit stating the grounds on which it is contended that the award should be set aside.
(2) The supporting affidavit must —
(a)
have exhibited to it a copy of the arbitration agreement, the award or any other document relied on by the applicant (who shall be referred to in the originating summons and hereafter in this Order as the plaintiff);
(b)
set out any evidence relied on by the plaintiff; and
(c)
be served with the originating summons.
(3) Within 14 days after being served with the originating summons, the defendant, if he wishes to oppose the application, must file an affidavit stating the grounds on which he opposes the application.
6.
—(1) The originating summons by way of an appeal under section 49(3)(a) of the Act brought with the agreement of all the other parties to the arbitration proceedings on a question of law arising out of an award shall —
(a)
state that the appeal is being brought with such agreement;
(b)
identify the award; and
(c)
state as briefly as possible the questions of law which will be raised in the appeal.
(2) The hearing date of the originating summons shall not be earlier than 3 months from the date of the filing of the originating summons.
(3) Within 28 days after the originating summons is filed, the appellant shall serve on the respondent —
(a)
the Appellant’s Case in the form as provided in paragraph (4); and
(b)
a core bundle of documents in the form as provided in paragraph (8).
(4) The Appellant’s Case shall —
(a)
contain a statement in numbered paragraphs of each ground on which it is sought to contend that the tribunal erred in law; and
(b)
make references to the paragraph or passage of the award where each alleged error is to be found.
(5) Within 28 days after being served with the Appellant’s Case and the core bundle of documents, the respondent shall file and serve a Respondent’s Case, which shall contain a statement in numbered paragraphs of the grounds on which the respondent contends that the relevant part or parts of the award should be upheld.
(6) Where the respondent contends that the relevant part or parts of the award should be upheld on grounds not or not fully expressed in the award, such grounds should be included in the Respondent’s Case.
(7) Any statement provided under paragraphs (4) and (5) should contain specific reference to any authority relied on.
(8) The core bundle of documents shall contain —
(a)
a copy of the award;
(b)
other documents that are relevant to any question in the appeal or which are referred to in the Appellant’s Case; and
(c)
an index of the documents included therein.
(9) If the respondent intends to refer to any document in the Respondent’s Case and such document is not included in the core bundle, the respondent shall file, at the same time as he files his Case, a supplemental core bundle which shall contain such documents and an index.
(10) The appellant must at the time of filing the originating summons deposit a sum of $5,000, or such other sum as may be fixed from time to time by the Chief Justice, by way of security for the respondent’s costs of the appeal, in the Registry or with the Accountant-General and obtain a certificate in Form 115.
(11) Order 55D, Rule 10 shall apply, with the necessary modifications, to the withdrawal of an appeal.
7.
—(1) The originating summons in respect of an application for leave under section 49(3)(b) of the Act to appeal on a question of law arising out of an award shall be for an order that such leave be granted and for a further order that, in the event that leave is granted, the appeal be heard and determined.
(2) The originating summons shall identify the award and state as briefly as possible the questions of law which will be raised in the appeal.
(3) Within 28 days after the originating summons is filed, the plaintiff shall serve on the defendant —
(a)
the affidavit in support of the application for leave as provided in paragraph (4);
(b)
the Plaintiff’s Proposed Case as provided in paragraph (6);
(c)
a core bundle of documents in the form as provided in paragraph (9).
(4) The affidavit in support of the application for leave to appeal shall set out any evidence relied on by the plaintiff for the purpose of satisfying the Court of the matters mentioned in section 49(5) of the Act and for satisfying the Court that leave should be granted.
(5) Rule 6(2) (return date) shall apply to the application for leave as it applies to the appeal therein.
(6) Rule 6(4) (Appellant’s Case) shall apply to the Plaintiff’s Proposed Case as it applies to the Appellant’s Case therein.
(7) Within 28 days after being served with the originating summons and the affidavit in support of the application, the defendant, if he wishes to contest the application for leave, shall file and serve an affidavit stating the grounds on which he opposes the grant of leave and setting out any evidence relied on by him relating to the matters mentioned in section 49(5) of the Act.
(8) Within 28 days after being served with the Plaintiff’s Proposed Case and the core bundle of documents, the defendant shall also file and serve the Defendant’s Proposed Case.
(9) Rule 6(5) (Respondent’s Case), Rule 6(6) (grounds not expressed in award), Rule 6(7) (reference to authority), Rule 6(8) (core bundle), Rule 6(9) (supplemental core bundle), Rule 6(10) (security for costs) and Rule 6(11) (withdrawal of appeal) shall apply to an application under this Rule as they apply to an appeal under that Rule.
(10) Where leave to appeal is granted by the Court, the hearing of the substantive appeal may be proceeded with forthwith on the basis of the Proposed Cases and documents filed.
(11) Where leave to appeal is refused by the Court, notwithstanding Order 91, Rule 3(2)(b), the parties may apply for refund of any fee paid for the Proposed Cases in accordance with Order 91, Rule 3 within 3 months after the date of such refusal.
8. An application under the Act for leave to appeal against a decision of the Court to the Court of Appeal must be made to the Court within 7 days of the decision of the Court.
9. An application for an order for extension of time under section 10 of the Act may include, as an alternative, an application for a declaration that such an order is not needed.
10.
—(1) Service out of the jurisdiction —
(a)
of an originating summons under this Order; or
(b)
of any order made on such an originating summons as aforesaid,
is permissible with the leave of the Court provided that the arbitration to which the originating summons or order relates is to be, is being, or has been held within the jurisdiction.
(2) An application for the grant of leave under this Rule must be supported by an affidavit stating the ground on which the application is made and showing in what place or country the person to be served is, or probably may be found; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Rule.
(3) Order 11, Rules 3, 4 and 6, shall apply in relation to any such originating summons or order as is referred to in paragraph (1).
11. Where the Act requires that an application to the Court is to be made upon notice to other parties or the arbitral tribunal, notice shall be given by way of service on such parties or arbitral tribunal of the originating process as required under this Order.
12. Order 38, Rules 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 shall apply, with the necessary modifications, in relation to the issue of a subpoena under section 30 of the Act as they apply in relation to proceedings in the Court.
13. An application for leave to enforce an order or direction given by an arbitral tribunal under section 28(4) of the Act must be supported by an affidavit —
(a)
exhibiting a copy of the arbitration agreement and the original order or direction made by the arbitral tribunal sought to be enforced; and
(b)
stating the provisions of the Act or the applicable rules adopted in the arbitration on which the applicant relies.
14.
—(1) An application under section 37 or 46 of the Act for leave to enforce an award may be made ex parte and must be supported by an affidavit —
(a)
exhibiting the arbitration agreement and the original award or, in either case, a copy thereof;
(b)
stating the name and the usual or last known place of residence or business of the applicant (referred to in this Rule as the creditor) and the person against whom it is sought to enforce the award (referred to in this Rule as the debtor), respectively; and
(c)
as the case may require, stating either that the award has not been complied with or the extent to which it has not been complied with at the date of the application.
(2) An order granting leave must be drawn up by or on behalf of the creditor and must be served on the debtor by delivering a copy to him personally or by sending a copy to him at his usual or last known place of residence or business or in such other manner as the Court may direct.
(3) Service of the order out of the jurisdiction is permissible without leave, and Order 11, Rules 3, 4 and 6, shall apply in relation to such an order.
(4) Within 14 days after service of the order or, if the order is to be served out of the jurisdiction, within such other period as the Court may fix, the debtor may apply to set aside the order and the award shall not be enforced until after the expiration of that period or, if the debtor applies within that period to set aside the order, until after the application is finally disposed of.
(5) The copy of the order served on the debtor must state the effect of paragraph (4).
(6) In relation to a body corporate, this Rule shall have effect as if for any reference to the place of residence or business of the creditor or the debtor there were substituted a reference to the registered or principal address of the body corporate.
(7) Nothing in paragraph (6) shall affect any written law which provides for the manner in which a document may be served on a body corporate.
15.
—(1) Where an award is made in proceedings on an arbitration in the United Kingdom of Great Britain and Northern Ireland or other territory to which section 5 of the Reciprocal Enforcement of Commonwealth Judgments Act (Chapter 264) applies, then, if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place, Order 67, in so far as it applies to a judgment obtained in a superior court of the United Kingdom and other territory to which section 5 of that Act applies, shall apply, with the necessary modifications, to the award as it applies in relation to a judgment given by a superior court in the place where the award was made.
(2) The affidavit required by Order 67, Rule 3, must state (in addition to the other matters required by that Rule) that to the best of the information or belief of the deponent the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place, giving particulars of such information and grounds for such belief.
16.
—(1) This Order (except Rule 15 thereof) applies to or in relation to arbitration proceedings to which the Arbitration Act (Chapter 10) applies.
(2) Order 69 (except Rule 6 thereof) in force immediately before the appointed day shall continue to apply to or in relation to arbitration and other proceedings to which the repealed Arbitration Act (Chapter 10, 1985 Ed.) applies.
(3) Rule 15 of this Order shall apply to arbitration awards, whether made before or after the appointed day to which the Reciprocal Enforcement of Commonwealth Judgments Act (Chapter 264) applies.
(4) In this Rule, “appointed day” means the date of commencement of the Rules of Court (Amendment No. 2) Rules 20022.
2 15th April 2002 — Date of commencement of the Rules of Court (Amendment No. 2) Rules 2002.