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10 the arbitration unless a contrary intention appears,
must submit themselves on oath before the arbitrator
or umpire, and must produce all relevant documents ;
all witnesses in arbitration proceedings may be
examined on oath.
In relation to arbitration proceedings, the High
Court is given full power as to—(i) security for
costs; (ii) discovery and interrogatories ; (iii) the
tendering of evidence by affidavit; (iv) the examina
tion o f witnesses before an officer o f the Court;
and the issue o f a commission outside the juris
diction ; (v) the preservation, sale or custody of any
goods the subject-matter o f the dispute;
(vi)
securing the amount in dispute ; (vii) the detention,
preservation or inspection o f any property the
subject-matter o f the dispute; and (viii) interim
injunctions and the appointment o f a receiver.
Generally, an arbitrator or umpire may make an
award at any time and the time, if limited, may
be extended by the Court. An arbitrator or umpire
may, on the application o f any party, be removed by
order o f the High Court, if he fails to use all reason
able dispatch in proceedings with the arbitration
and making o f the award; in such a case, he will not
be entitled to any remuneration for Ids services.
Usually an arbitrator may make an interim award
and will have the same power as the Court to order
specific performance o f any contract other than a
contract relating to the sale o f land. Generally, an
award made by an arbitrator or umpire shall be
final and binding on the parties.
Every arbitration agreement shall be deemed to
include a proviso that the costs o f the reference
and award shall be in the sole discretion o f the
arbitrator or umpire. The arbitrator may, with
the consent of the parties, tax or settle the amount
o f costs, and may award costs as between solicitor
and client; if he does not do so, the costs will be
taxed in the ordinary way. Any provision in an
award that the parties shall in any event pay their
costs shall be void. I f there is no provision as to
costs in an award, any party may within 14 days
of its publication, apply to the arbitrator for an order
directing by and to whom such costs shall be paid,
which directions shall be incorporated in the award.
An arbitrator may charge property recovered or
preserved with the payment o f the solicitor’s costs,
applying Sect. 3 o f the Legal Practitioners’ (Ireland)
Act, 1876. I f an arbitrator or umpire refuses to
deliver his award except on payment o f his fees, the
Court may order such arbitrator or umpire to
deliver such award on payment o f the fees into Court,
such fees to be subsequently taxed by the Taxing
Master and to be recoverable in the same way as a
taxation. I f directed by the Court, or on his own
motion, an arbitrator may state any question of
law or any award for decision by the Court and
the Court may remit such matters to the reconsidera
tion o f the arbitrator. In cases o f misconduct the
arbitrator may be removed by the Court and the
Court may in such case set aside an award. If, in
the event o f a compulsory arbitration, a named
arbitrator is not deemed impartial, or if the dispute
referred to him invokes a question o f fraud, the
Court may revoke the arbitrator’s authority or
order that an arbitration agreement shall cease to
have effect. The Court may appoint another arbi
trator if the original one is removed, or his authority
is revoked. An arbitration award may, by leave
o f the Court, be enforced in the same way as a
judgment. The statutes o f limitation shall apply
to an arbitration in the same way as if it were
an action before the Court. The Court may extend
the period o f limitation in the prescribed manner.
The Court has full discretion as to the terms o f an
order and the award o f costs.
Part IV (Sections 49 to 53) deals with references
under the order o f the Court. In any actions for
an account the Supreme Court, High Court, or
Circuit Court may at any time order the whole or
part o f such action to be tried before an agreed
arbitrator upon such terms as it deems reasonable.
The award o f an arbitrator under such circumstances
shall, unless set aside by the Court, be equivalent
to a jury verdict. In such circumstances, the ap
pointed arbitrators may at any time state questions
o f law for the opinion of the Court.
Part V (Sections 54 to 59 and 2 schedules) deals
with the enforcement o f foreign awards. A “ foreign
award ” is defined as an award made when Part V
comes into force by order, in pursuance o f an
arbitration agreement to which the scheduled
Geneva Protocol on arbitration o f September 1923
applies, and made applicable to persons one of
whom is a party to the scheduled Geneva Convention
on foreign arbitrational awards o f September 1927,
and the other party is subject to the jurisdiction
o f another State, and which must have been made
in a territory where the Geneva Convention o f
1927 applies. A foreign award is enforceable in
Ireland in the same way as if it had been made by
a local arbitrator and is binding for all purposes
subject to the following conditions :—
(1) The award must have been made in pursuance
o f an arbitration agreement which was valid under
the law by which it was governed.
(2) It must have been made by the tribunal
provided for in the agreement.
(5)
It must have been made in conformity with
the law governing arbitration procedure.
(4) It must have become final in the country in
which it was made.
(5) It must have been in respect o f a matter which
may lawfully be referred to arbitration under Irish
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