Arbitration Act (Cap. 387)
Arbitration Act (Cap. 387), article 46
46. (1) If before the award is made, the parties agree on a
settlement of the dispute, the arbitral tribunal shall either i ssue an
order for the termination of the arbitral proceedings or, if re quested
by both parties and accepted by the arbitral tribunal, record t he
settlement in the form of an arbitral award on agreed terms. Th e
arbitral tribunal is not obliged to give reasons for such an aw ard.
ARBITRATION [CAP. 387. 21
(2) If before the award is made, the continuation of the arbitra l
proceedings becomes unnecessary or impossible for any reason no t
mentioned in subarticle (1), the arbitral tribunal shall inform the
parties of its intention to issue an order for the termination of the
proceedings. The arbitral tribunal shall have the power to issu e
such an order unless a party raises justifiable grounds for obj ection.
(3) Copies of the order for termination of the arbitral
proceedings or of the award on agreed terms, signed by the
arbitrators, shall be communicated by the arbitral tribunal to the
parties and to the registrar. Where an arbitral award on agreed
terms is made, the provisions of article 44(2) and (4) to (8) s hall
apply.
(4) The provisions of this article shall also apply in case the
parties resolve a dispute which may have arisen between them by
mediation, conciliation or any other means. In such a case th e
person assisting in the resolution of the dispute may, with the
consent of both parties, act as the arbitrator for the purpose of
registering the agreement reached between them in terms of this
Act and, when registered, such agreement shall be treated for a ll
intents and purposes as a registered award.
(5) Where the parties resolve a dispute as is mentioned in
subarticle (4) and the person whose services may have been used in
resolving the dispute is unable or unwilling to act in terms of this
article, the Centre may on the joint application of the parties to the
agreement appoint an arbitrator for such purpose:
Provided that, with the consent of the parties, the Registrar
may provide support to the parties in such cases by carrying ou t the
registration functions of an arbitrator in accordance with rule s
which may be made by the Centre from time to time.
Interpretation of
the award.
Amended by:
XXXI. 2002.242.
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