| (1) |
For the purposes of and in relation to a reference under an arbitration agreement, the court shall have the same power of making orders in respect of— |
| (b) |
discovery of documents and interrogatories; |
| (c) |
the examination of any witness before a commissioner in the Republic or abroad and the issue of a commission or a request for such examination; |
[Subsection (1)(c) amended by section 1 of Act No. 49 of 1996]
| (d) |
the giving of evidence by affidavit; |
| (e) |
the inspection or the interim custody or the preservation or the sale of goods or property; |
| (f) |
an interim interdict or similar relief; |
| (g) |
securing the amount in dispute in the reference; |
| (h) |
substituted service of notices required by this Act or of summonses; and |
| (i) |
the appointment of a receiver, |
as it has for the purposes of and in relation to any action or matter in that court.
| (2) |
The provisions of subsection (1) shall not be construed so as to derogate from any power which may be vested in an arbitration tribunal of making orders with reference to any of the matters referred to in the said subsection. |
| (3) |
Notwithstanding anything to the contrary in the arbitration agreement, the court may at any time, on the application of any party to the reference, order that the umpire shall enter upon the reference in lieu of the arbitrators in all respects as if he were a sole arbitrator. |
Older Persons Act, 2006
