ARBITRATION

Arbitration as a method of dispute settlement which had been adopted over some period of
time by mankind in a quest to settle their dispute. Various definition has been given by different
authors. But the key ingredient of those definitions are the following
1. Private mechanism for the resolution for dispute.
2. Takes place in private.
3. Pursuant to an agreement between two or more parties.
4. In which they agree to be bound by the decision of the arbitrator.
5. After a fair hearing.
Fauchard A distinguished French jurist wrote of arbitration as an apparently rudimentary
method of settling dispute since it consist of submitting oneself to ordinary men whose only
qualification is that of been chosen by the parties.
Personal Notes
Arbitration is a dispute resolution mechanism that provides diverse users worldwide with a neutral
forum, a uniform system of enforcement and the procedural flexibility that allows parties to tailor-make
a procedure to suit their needs in each case. With a joint commitment to efficient management by
parties, outside counsel and arbitral tribunals, it can achieve a time- and costeffective resolution of a
dispute.

ADVANTAGES OF ARBITRATION
Generally arbitration has a number of advantages
- The parties reach a decision without the court forcing themselves upon them.
- The parties emerge as victors since it is a win win situation and no one face vanquish
- It is also informal i.e. the rules of evidence and procedure are a bit laxed thereby
maximizing the interest of the parties.
Personal Notes
- Preservation of relationships. Parties to an arbitration may have an ongoing relationship which
they wish to preserve. Arbitration may support that relationship better than litigating the
dispute.

FEATURES OF ARBITRATION
- It is alternative to court
- The most obvious for a for the settlement of dispute is the court room
- The courtroom is a creature of statute financed by the government of Sierra Leone to
provide a dispute settlement mechanism for the parties whether individual, corporate or
government. It is the manifestation of state power and responsibility of the government
to ensure administration of justice.
- It is a private mechanism for dispute settlement
 - Just as court proceedings are public arbitration is private.
- Just as parties have submitted themselves to arbitration, they determine the dispute
and the entitlement of the parties under the underlying contract in respect of the issues
raised,
- It is selected and controlled by the parties.
The principal characteristics of arbitration is that it is chosen by the parties, the parties
have the ultimate control of the dispute resolution system.
IT IS REGARDED AS PARTY AUTONOMY.
It is final and binding on all the parties.
Arbitration comparism with court
- High Court Rules.
- Court of Appeal Rules 1985
- Supreme Court Rules
- Know order 35 to your fingertips.
- Read Cap 25 for next class.
After the coming into force with law of contract, one might be tempted to have a look at the
existing arbitration infrastructure we have in Sierra Leone. Cap 25 say very little about the
power of an arbitrator. And nothing at all about the conduct of reference. This is left to the
individual contract as could be construed by the courts if so necessary. Statutory laws are
however inadequate like in most west African countries to deal with arbitration. The courts
have however been invoked over period of time to cure inherent defects in the contract of
parties.
The question is where does one find arbitration law in Sierra Leone? Different answers could be
given according to the subject matter inquiry. In summary one may say: Questions as to the
powers of the court to enforce support, supervise and intervene in arbitral proceedings are
largely governed by Cap 25. If the powers exist independent of statute then they are the
creation of Common Law. Ie that body of decided cases which by the doctrine of precedent
which lays down or guide other courts in subsequent cases.
THE RELATIONSHIP WITH THE COURTS (ARBITRATION)
Although the court has wide statutory powers, it instinct is to use them only to support the
arbitration and not to interfere with it.
ROLE OF THE COURT IN ARBITRAL PROCEEDINGS
1. The court will only freely grant orders to stay actions, commenced in breach of
arbitration agreement.
2. Constitute or reconstitute the tribunal
3. Power to enforce arbitration award.
4. By contrast the court has very rarely intervene in arbitration matters.
 5. Has the powers to remit or set aside an award on the ground of a procedural defect it
is virtually very rare. The parties are contracted for arbitration and that is what they are
entitled to have which they will be bound to receive and have to receive it.
There is a school of thought that the courts in Sierra Leone are hostile to arbitration. Whether
this was ever true is a matter of opinion. Judges have criticized the use of arbitration but have
acknowledged that it is better than litigation.
Cap 25 is otherwise known as the ordinance to provide for the reference and submission of
dispute to arbitration. Firstly, it is applicable to the colony and protectorate (Freetown and the
rest of Sierra Leone). Section 2 is also very important which is the crux of what arbitration is. i.e.
requires submission which means a written agreement to submit present or future differences
to arbitration whether an arbitrator is named therein or not. It denies court to mean the Supreme
Court of Sierra Leone which is the equivalent of the High court. It goes on to define what
submission is. It is defined in the Act as “unless a contrary intension is expressed (meaning if it
is clear from the words of the agreement that the parties meant arbitration their intension has to
be given effect to) shall be irrevocable except by leave of the court and shall by mutual
consent (s.3) as if it has been an order of court. Contract of utmost good faith.

Section 4 provides that a submission unless a contrary intension is expressed shall be deem to
include the provision set forth I the schedule so far as they are applicable to the reference
under submission. The Act also make the provision for the finality of Arbitration
proceedings. However, it is silent on the interim reliefs or interlocutory applications which are
to be filed during and within the course of arbitration. It also make no provision of qualification
of an arbitrator which for which modern act of arbitration act frowns upon.
Where the appointed arbitrator does not possess the requisite qualification, the
appointment is ineffective, and any award is void. However, this could be waived if it is
brought to the attention of the other party. Our act however makes no provision for qualifications
which raises some serious doubts. Another important is the issue of impartiality. If the arbitrator
or arbitrator are closely connected with the subject matter of the dispute or associated with one of
the parties, it is a ground of objection which can be used or an application made to the court for
the arbitrator to stand down.
RIGHTS AND DUTIES OF AN ARBITRATOR
Once validly appointed, the arbitrator enters into a complex relationship with the parties which
confers on him various powers rights and duties. Firstly, the arbitration tribunal gets their
consent from both parties. Whether it is composed of a sole arbitrator of two arbitrators one
appointed by either party. This mandate bind the parties to the terms of an award by virtue of an
implied term in the arbitration agreement that each party will honor the award. In Sierra Leone
by virtue of the finality of arbitration as in Cap 24 schedule (e) the mandate cannot be revoke by
either of the party. Which means it is binding on the parties. (reforms suggested in Cap 25).
BEGINNING AN ARBITRATION.
English law for Serra Leone forms a part regards an agreement to feature dispute as an
irrevocable option enabling the claimant to compel the D to submit to arbitration. The option
becomes capable of exercise when ever a dispute arises which falls within the scope of the
arbitration. (order 16 of the High court rule refers to as summary judgement). Most of the issues
that come under arbitration comes under order 16.
Uthe judges even if he has it is shame and frivolous. Order 16 is money matters.in Civi
procedure there are 3 things involved when how and why. Under order 16 you come by judges
summon. You don talk law in affidavit you plead facts. It tells a story. Read order 31 inside out.
Anything that has to do with law must not be contained in affidavits.
The option is exercise when one of the parties takes advantage and take appropriate step to
appoint an arbitrator. The valid exercise of the option calls into existence a new contractual
agreement stemming from but independent the original agreement to arbitrate. And the next step
is the recourse to the arbitration clauses itself to the agreement. The claimant cannot ordinarily
give a valid notice of arbitration unless his claim is disputed. Moreover, in the absence of a
dispute the court will not order that the action should be stayed so that the matter can be referred
to arbitration.
The procedural consequences are important for this principles opens the way for the plaintiff
even in the case governed by arbitration clause to resort to the courts in circumstances where it is
justifiable.
Next there is the notice of arbitration by which the claimant invokes the options to arbitrate. The
form of this depends upon terms of the agreement if the agreement refers to a single arbitrator
the claimant will notify the other side on the need to appoint an arbitrator an arbitrator or to
concur in one nominee. If the agreement a tribunal contemplate of two arbitrators one appointed
by each side with an umpire or third arbitrator chosen by the two appointees. If they appoint the
3rd person the claimant
1. invite the person to act as arbitrator
2. as ascent or obtains the permission of that person
3. Notifies the appointment to the other party
A valid notice of appointment of arbitration also serves as a way to stock time running against
the claimant under any period of limitation which may apply to the claim. (get the statute of
limitation 1960. If it is a matter for a period fo 6 years) get the interpretation act . it can be the
statute of limitation1960 as amended or other relevant law touch and concerning same. The fact
that notice is not given does not undermine the authority of the arbitrator or depriving of
jurisdiction over the claim. Instead, it will form a good ground of defence in the arbitration and
in the absence of reasons to the contrary entitles the respondent to an award in his favor. The
expiring of a contractual timeline is not fatal to the claim.
Order 2 is there to cure the incurable
By commencing the arbitration, the claimant calls into existence a new relationship between
himself and the respondent. Relating specifically to the dispute entrusted to the arbitrator and
involving mutual promises to obey the directions of the arbitrator and to cooperate in the
expeditious dispatch of the reference (submission agreement). Just as the arbitration clause is a
severable which can survive the termination of the contract in which it is embodied so also does
the new contract have a life of its own.
THE JURISDICTION OF THE COURT
When the issue of jurisdiction comes up the first thing that comes to mind is the relationship
between the courts and the tribunal. The case of Scott v Avery if you enter a contract and you
state that the court should have nothing
However pundit of arbitration have over the years argued tas to whether the courts should have
any dealings with arbitration or they should abstain. English courts have over the years
recognized the autonomy principle i.e. even if the totality of the agreement itself fails the
submission agreement stil remains. Just as an arbitration agreement, does not found an objection
to the jurisdiction of the court so also does it not constitute a defense to an action or a ground for
not honoring any resulting judgement from the courts.
If the D wishes to rely upon the arbitration agreement, his remedy is to invite the court to abstain
from exercising it undoubted jurisdiction and to stay the action. Even if there is no pending
action, the court maybe enabled is an arbitration has broken down to carry on the proceeding
itself once the jurisdiction has been invoked by the claimant instituting a new action. For nearly
150 years the courts have recognized the validity of arbitral clauses which makes it a condition
precedent to the enforcement of a claim under a contract. That the claimant shall have taken the
matter to arbitration and obtain a favorable award.
VARIETY OF PROCEDURES
The arbitrator can conduct the arbitral proceeding as it deems fit provided however that he does
not conflict with the expressed or implied terms of the submission agreement. There is also a
contains on the arbitrator that he must takes steps not to contrive public policy. He has the
freedom of choice in Sierra Leone as in England, we practice the adversarial system.
Firstly this presupposes that the initiative lies with the parties. If one of the parties deserves that
the step should be take to move the arbitration process forward, he can take it himself. If he
wishes his opponent to do something he can apply to the arbitrator for an order to that effect. The
responsibility for maintaining the momentum of the entire proceedings rest with the parties. Each
parity decides what evidence to call. He exams his witness to adduce evidence and his tenders
then from cross examination by his opponent. The arbitrator cannot call witness himself unlike in
the court of law. He may ask questions of the witnesses called but eliciting evidence is primarily
the responsibility of the parties. This not t suggest however that the arbitrators role is merely
supine. He can stamp his authority on the proceedings in order to ensure that the proceedings are
conducted with the minimum of delay cost and expenses. His main preoccupation however is to
ensure that he gives the parties the choices they should make and choose between.
Another peculiar in this regard however is that there is a single hearing in which evidence is
called tried and tested so as to knowing the way forward..
The arbitrator has the preference to ask questions but it does so on the hindsight for the parties
are given treatment. There is nothing precluding the arbitrators however from calling expert
witness out of the abundance of caution.
Distinction between assignment and sub lease
FOREIGN LAW
If the application of the rule governing the contract, indicate conflict the contract is governed
rbed by a foreign law. It is that law which in principle the arbitrator is bound to apply. However,
the use of such foreign law is very limited these days. The terms and effect of foreign laws are
regarded as matters of facts so that the decision of the arbitrator upon them is not susceptible to
appeal.
PROCEDURAL CONTROL BY THE COURT.
The court has power to intervene both before and after the awards are published. If the reference
is not conducted fairly, and in accordance woth expresses and implied term of the contract there
is also a need for the court intervene. For our purposes however, we are going to look at 2
scenarios
1. Interference during the reference.
The court has no general powers to intervene during reference. Instead there is a miscellaneous
collection of specific remedies which maybe divided into those which enable the court to change
the condition of the reference by means of active intervention and those by which the court
merely issue a declaration as to the correct proceedings.
Cap 25 the Laws of SL is bereft of remedies that the court during the period of reference ca
employ in pushing proceedings forward. However English law has moved forward (Annual
practice 1991). To such an extent where however courts are enabled to order that arbitration
ceases to have effect. Less drastic however, is the power of the arbitrator which will be called
into question say for instance there are 3 arbitrators the court will exercise the power to revoke
the appointment of one. However those powers are sparsely used but the fundamental principles
which remains is that the choice of the parties should be given paramount interest and ends
arbitration.
INTERVENTION AFTER THE AWARD
Once the award has been made, there is no need for any remedy. The arbitrator becomes functus
officio (cease himself of the matter). Any remedy must be aim at the award itself. Two remedies
are available:
Firstly, (professional indemnity insurance) the court will set the award aside under powers
conferred by an act of parliament. The effect of this is that the parties creased to be bound by
their words and the issues in dispute are then reopened.
COMMENTS, CONCERNS AND QUESTIONS
PART V – COMPOSITION OF ARBITRAL TRIBUNAL
SECTION 11(2) - In the event parties fail to reach agreement as to the number of arbitrators, the
bill prescribed 3 arbitrators in case of international arbitration and a single arbitration in the case
of domestic arbitration. What is the rationale?
NOTES TO RULE 1 OF ICSID ARBITRAL RULES,
parties may agree to have recourse to a sole arbitrator (e.g., if their dispute is restricted to a
specific point of interpretation of a legal instrument).
Who set the procedure?
failure to follow agreed procedures may constitute grounds for non-recognition of the
tribunal’s award under the New York Convention
Part VI 23(1) of the proposed bill dealing with commencement – Notice of Arbitration.
Order 1 Rule 2 – Appropriate form as provided for in Supreme Court Practice of 1999. Order
1(1) is very clear as to failure of compliance in respect to…form…shall be treated as an
irregularity and provides grounds for application to set aside.
Section 24 (1) Proposed Bill
 gives a time limitation of 30 days which is also in line with the time limitation to the
UNCITRAL rules.
 But under Rule 25 of the ICSID rules, time limit is left to the discretion of the tribunal.
 The High court rules provides for 10 days.
Question
What is the rational for 30 days’ time limitation especially when dealing with domestic
arbitration issues where all parties are domiciled? why is it different from the 10 days precedent
from the requirement of the High court rules?

NOTES – CONTINUE
Once the award has been made the arbitrator then becomes “functus officio”. First the court
may set the award aside under powers conferred on that behalf. The effect is that the parties
ceased to be bound by that award. The other remedy is that of remission. Here there is no
question been deceased of jurisdiction. (When jurisdiction and objections are raised, the court
can listen to it at any time). If remission is ordered, because there is a procedural error, the
combined effect of it is that it sent back to the arbitrator to comply with their terms and their
procedures. If the complaints relates to the award itself, eg if it is incomplete, the arbitrator
reconsiders the matter and act appropriately without necessary convening other further hearing.
Whilst an order of remission is enforced, the original award becomes in effective until it is
confirmed, varied or replaced when the arbitrator has complied with directions given by the
courts. Originally setting aside was the primary remedy for procedural default and remission was
reserved for cases where the effect was comparatively trivial. However this is no longer the case.
The court stride these days to preserve and protect arbitration and will not make an order unless
if it will not affect the entire proceedings.
AWARD (this area is examinable).
Types of Awards
At the conclusion of the reference the arbitrator makes his award, he must begin by taking two
decisions as to the form of the award.
There are two types of awards. It could either be interim (interchangeable with interlocutory) or
final depending. Most awards are final in that they contain all issues as it pertains to the
arbitration. There are certain circumstances however where the dispute raises a series entirely
distinct issue. A decision of whether it ends a thing in controversy or there are still some disputes
pending. E.g they might have to decide whether the respondent is liable in damages (common
law remedy) and if so what the amount of damage should be.
It may be sensible to deal with the issue of liability fast leaving over the question of damages for
unless the claim of liability succeeds the rest is a waste of money and time. Where the issues are
divided in this way, the arbitrator has to give an interim award. (Damages could either be remote
or proximate).
The second decision which the arbitrator has to make is whether to give reasons for his
decision/award. English law has frowned over the yrs upon the fact that arbitrators published
their decisions without giving any reasons thereto or relying on the document which does not
form part of the transaction.
The question will asked ourselves is whether the arbitrator will have to give reasons for his
decisions or if one of the parties decided to appeal the award it must give sufficient reasons for
the consideration of the court to be used in the determination of the appeal. For these reasons the
finding of fact will be the bases upon which the argument of law will be based. The reasons may
take the form of an informal narrative without being set out in any prescribed form.
THE DECISION.
The next step is for the arbitrator to arrive at a decision on the issues in the arbitration. This must
be his own decision. He cannot delegate it or any part of it. He is however entitled to consult a 3 rd
party. However even if he consults a 3 party he is bound to take the decions of the 3 rd part. It csn
only of assistance ti hin. If the arbitrator is not a lawyer, he may retain the services of a lawyer to
help him analyses and navigate all legal rudimentary.
Again the decision is his not that of the lawyer. Where the tribunal consist of more than one
persons, all of them must partake in the reference and in arriving at the Decision If they are not
unanimous the decision will prevail.
FORM AND SUBSTANCE OF AN AWARD – (examinable areas)
English laws prescribes no formal requirements for an award. Even an award communicated by a
word of mouth is binding on the parties. You don’t want to be seen to be asking in futility. Such
awards are not all together uncommon but it is the practice for an arbitrator to confirm for an
arbitrator to confirm his oral award in writing.
IT MUST CONTAIN THE FOLLOWING:
1. It must be an adjudication not merely an expression of expectation. Hope or opinion
unless it is intended to be a written award in form and in substance.
2. It must be final in that it leaves no other issue fir determination
INTEREST AND COST.
The arbitrator has power to make an award or an order for the payment of interest up to the time
of an award. (The court is not a repair of bad bargains, The omnibus grounds, Bullen and Leake).
On the principal sum awarded. The power is usually exercised so as to make interest start
running from the date the principal sum accrued. The rate of interest however is at the discretion
of the arbitrator and his speaks most times between inter bank lending rate and the prevailing
interest rate as at that material time. However the arbitration has no power to order and interest
when the award ahs been published.
On the issue of cost however the arbitrator is expected to exercise his discretion as High Court
Judges do. All the arbitrator is to fixed an amount.
THE EFFECT OF AN AWARD.
A valid award confers on the claimant a new right of action in substitution the rights he was
claiming. Every submission to an arbitration contains an implied promise by the parties to abide
bt the terms of the arbitration whether in their favor or not. It is on this promise that the claimants
proceeds when he takes on an action to enforce an award.
A VALID AWARD
A valid award has two negative consequences. First the successful claimant is precluded from
bringing the same course of action which has been ruled upon (res judicata). It means damages
which has earlier been assessed has been assessed once and for all and if a party to an arbitration
claim that he has suffered damage over and above that which he is entitled to, he should bring it
up at the first stage otherwise it will be precluded.
When once an arbitration as been published, the arbitrator becomes functus officio” which means
he seized of hearing the matter and anything he does thereafter can have no effect on the
arbitration itself. If there is any mistake in the award, he can under section 8 ( c) correct in an
award any clerical mistake or error arising from any accidental slip or omission.
Appeals on the question of law
Creature of statutes Legislature has to make provisions for appeal) the Court of appeal. Read rule
28 of the Court of Appeals, 10(1,4) 11(1,4), 32, 32, 33
Supreme Court rules 11(1,4).
Reading assignment.
1. Cost following the events
2. Cost in the course
3. Cost thrown away
4. Cost of the day
5. No order as to cost.
Effect of an Award on 3rd Parties
Generally, an award has no effect on 3rd parties or those who are not parties neither does it confer
rights of obligations to those who are not privy to the proceedings. In a normal cause of action
before a a national court, 3rd parties may be bound in rights, obligation and liabilities.
Exception
Cap 25 of the laws of Sierra Leone, defines a submission as irrevocable undertaken. Section3
states that: “ a submission…shall be irrevocable, except by leave of the Court of my mutual
consent and shall have the same effect in all respects as if it had been an order of the court”.
Points to note
1st, the schedule tells you that it is final and binding on the parties. It makes no reference to 3 rd
parties.
2nd, because parties have expressed interest in the submission and they have acquiesced and will
be deemed to have accented they cannot regret their award.
3rd, an award against the person who is jointly liable with someone who is not a party to the
reference, or whose liability is alternative to the liability to the 3 rd person may have effect of
discharging the liability even if the award is unsatisfied.
Award of a foreign tribunal (this is examinable)
The award of a foreign arbitrator requires extra consideration. The rule that an award
extinguishes the case of action on which it is based would appear not to apply to the award of a
foreign arbitrator.
Sierra Leone is a sovereign state and a deeper look into at the Reciprocal Enforcement of foreign
will give a deeper insight. It is deemed to be conclusive as between the parties as English law
with the principle of reciprocity and respect for foreign decision still subsist.
Enforcement of an award
Unlike the judgement order of a court, which becomes automatic, an arbitrators award has to go
through a process. It is first necessary to convert the award into a judgement or order of the court
only then it can be the successful party levy execution.
ASSIGNMENT
A. Describe in detail the procedure involved in converting the judgement of an arbitration
tribunal for the judgement for execution in Sierra Leone.

B. How do you reconcile the view as established by the schedule in Cap 25 that is shall be
final and binding on the parties as against the view that it is a subject matter of appeal.
Explanatory Notes
Enforcement under the common law takes into consideration the agreement of the parties at the
time they were arbitrating which is what is referred to as the proper law of the agreement. This
what is referred to as the scope of the agreement and whether it falls within the said agreement.
English court will be constrained to enforce an award if at the time it was made took into
consideration the issue of jurisdiction. In order to enforce the award of foreign arbitrator, it must
be final in the English sense of the word.

CAP 25 IN SUMMARY
Introduction
- Contains 19 provisions
- Cap 25 is referred to an arbitration ordinance. Came into effect 16th December 1927. It
provides for dispute resolution.
- Parties agree to submit arbitration through “submission” (written agreement) whether an
arbitration is named or not.
- Where parties agree to submit, their submission shall be irrevocable except by leave to
the court or by their mutual consent (section 3).
Power to stay proceedings
- Section 5 grants a party to arbitration to stay proceedings. To doo that, the following are
conditions precedent
- Party must have entered appearance
- Before delivering pleadings or take any steps
- Court must be satisfied that there are sufficient reasons why matter should not be referred
to submission.
- Applicant must show that he was at the time of the commencement of proceedings
committed to the proper conduct of the arbitration.
Power for the court to appoint an arbitrator
 - Section 6 grants the court the power to appoint an arbitrator or a 3rd arbitrator were
1. Differences have arisen in the appointment of an arbitrator
2. Where the appointed arbitrator refuses
a. To act
b. Death of arbitrator and parties failed to replace
c. Where arbitrators are at liberty to appoint but failed to appoint umpire or
3rd arbitrator.
d. Where the 3rd arbitrators or umpire refuses to act or is incapable of acting
e. Where a party to the arbitration have served the other party or arbitrators
and the appointment is not made after 7 clear days after notice.
Power of the parties to fill vacancy
Section 7 grants the parties to the submission to fill vacancies where such vacancies arise the
following circumstance:
- Where a submission provides that there shall be two arbitrators and each parties are at
liberty to appoint one arbitrator
- Where either of the arbitrators appointed refuses to act
- Where arbitrator appointed incapable to act
- Where arbitrator appointed by party dies.
- Where parties are at liberty to appoint arbitrators and one refuses to comply, the arbitrator
appointed by the complying party shall act as sole arbitrator and any award by him shall
be binding as if he had been appointed by consent. Provided that the Court may not set
such appointment aside.
Powers of arbitrators
- Arbitrators shall have the powers to
- To administer oath or affirmation to parties or their witnesses
- State an award in whole or part
- To correct clerical mistakes in an award or mistakes or errors arising from accidental
slips or omission
ROLE OF THE COURT IN ARBITRATION
enlarge time for making award
- The court has the power ENLARGE TIME FOR MAKING AWARD under section
10. Such power shall be duly exercised by an order of the court of the court.
Power to remit an award
- Under section 11, the court shall exercise it power to remit an award for the
reconsideration of the arbitrators or umpires. Where such order is made, it should be
made within 3 months after date of the order.
Power to remove an arbitrator/umpire
- This power can be exercised by the court where an arbitrator or umpire has misconducted
himself under section 12.
Power to set aside an award and set aside an award or remove
- Under section 12, the court can exercise its power of removal of an arbitrator or umpire
where such arbitrator or umpire has misconducted himself. The court also has the power
to set aside an arbitral ward where such award has been improperly procured.
POWER OF ENFORCEMENT
- This is the most important of all of its functions. Where there is no enforcement
mechanism, there is no need for an arbitration. An award of the court may by leave of the
court the same effect.
Opinion of the court
- Under section 15, an arbitrator may seek the opinion of the court on any question of law
arising in the course of the reference.
Other functions of the court
- Power to compel attendance of a witness