Arbitration Act (Cap. 387), article 38

38. (1) Unless otherwise agreed by the parties, any party may request the court to issue any of the precautionary acts listed in article 830(1) of the Code of Organization and Civil Procedure subject to the provisions of the following subarticles. (2) Where in accordance with subarticle (1) a precautionary act has been issued, such act shall remain in force until such time as it shall expire or be revoked in accordance with the provisions of the Code of Organization and Civil Procedure or until such time as the arbitral tribunal by an award given for that purpose shall orde r the party issuing the precautionary act to withdraw the same and is sue the relative counter-warrant. Cap. 12.(3) Notwithstanding anything contained in the Code of Organization and Civil Procedure the time established therein within which the action is to be instituted in respect of the r ight stated in the precautionary act issued shall be of twenty days from the filing of the judicial act whereby the court is requested t o issue the precautionary act. The provisions of the said Code for the extension of the said time shall also apply. (4) Action as is referred to in subarticle (3) shall be deemed t o have been taken when the arbitration proceedings are commenced. 18 CAP. 387.] ARBITRATION For the purpose of this subarticle arbitration proceedings shal l be deemed to have commenced on the date referred to in article 17( 2). (5) The party at whose request a precautionary act has been issued in accordance with this article shall, within the time specified in subarticle (3), file a note in the records of the proceedings for the issue of the said precautionary act togethe r with a certificate by the registrar showing that he has commenced arbitration proceedings in accordance with subarticle (4). (6) Unless otherwise agreed by the parties, the arbitral tribuna l may, at the request of a party, order any party to take such in terim measures of protection as the tribunal may consider necessary i n respect of the subject matter in dispute. The arbitral tribunal may require any party to provide adequate security in connection wi th such measures. (7) The court may on the application of any party order the enforcement of any measure referred to in subarticle (6) and sh all have all ancillary powers to amend or revoke such orders after hearing the parties and the arbitral tribunal as it deems neces sary. Cap. 12. (8) The Board established under article 29 of the Code of Organization and Civil Procedure may make rules concerning all matters relating to the issue of precautionary acts and other s uch orders when they relate to arbitral proceedings. Experts. 39. (1) The arbitral tribunal may appoint one or more experts to report to it, in writing, on specific issues to be determine d by the tribunal. A copy of the expert’s terms of reference, establishe d by the arbitral tribunal, shall be communicated to the parties. (2) The parties shall give the expert any relevant information o r produce for his inspection any relevant documents or goods that he may require of them. Any dispute between a party and such exper t as to the relevance of the requi red information or production s hall be referred to the arbitral tribunal for decision. (3) Upon receipt of the expert’s report, the arbitral tribunal shall communicate a copy of the report to the parties who shall be given the opportunity to express, in writing, their opinion on the report. A party shall be entitled to examine any document on wh ich the expert has relied in his report. (4) At the request of either party the expert, after delivery of the report, may be heard at a hearing where the parties shall h ave the opportunity to be present and to interrogate the expert. At this hearing either party may present expert witnesses in order to t estify on the points at issue. The provisions of article 36 shall be applicable to such proceedings. Default. 40. (1) If within the period of time fixed by the arbitral tribunal the claimant has failed to communicate his claim witho ut showing sufficient cause for such failure, the arbitral tribuna l shall issue an order for the termination of the arbitral proceedings. If, within the period of time fixed by the arbitral tribunal, the respondent has failed to communicate his statement of defence without showing sufficient cause for such failure, the arbitral ARBITRATION [CAP. 387. 19 tribunal shall order that the proceedings continue. (2) If one of the parties, duly notified under this Part, has to appear at a hearing, fails to do so without showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration. (3) If one of the parties duly invited to produce documentary evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the arbitral tribunal may make the award on the evidence before it. Closure of hearings.