| (1) |
The President of the Court may make rules to govern the procedure to be followed in arbitrations. |
| (2) |
The rules referred to in subsection (1) shall be published in the Gazette. |
| (3) |
Notwithstanding anything to the contrary in this Act or in the rules referred to in subsection (1), the arbitrator may— |
| (a) |
allow the allegations contained in any form or document to be amended; |
| (b) |
if it appears that any party has been incorrectly or defectively cited, correct such error or defect, or order the substitution of a party; |
| (c) |
join any other person on such conditions as the arbitrator deems fit; |
| (d) |
make an order consolidating the disputes pending in separate proceedings; |
| (e) |
admit any evidence which he or she considers cogent and relevant to the matter being heard by him or her, whether or not such evidence would be admissible in a court of law; |
| (f) |
call as a witness any person who in his or her opinion may be able to give evidence which will be relevant to the decision on any matter; |
| (g) |
put questions to the parties or their witnesses on any matter relevant to the application, make such enquiries as he or she considers necessary or expedient, inspect any thing or any property to the extent that he or she deems necessary, and in any other reasonable manner act inquisitorially; |
| (h) |
rely on his or her own expert knowledge or experience in any relevant field; |
| (i) |
propose compromise settlements or agreements for the disposal of the whole or portion of the issues in dispute; and |
| (j) |
make such interim decisions or awards as he or she considers just: |
Provided that the rules of natural justice shall at all times be observed.
| (4) |
Any party may be represented by a person of his or her choice at the arbitration proceedings. |
| (5) |
The arbitrator shall keep such record of the proceedings as he or she considers necessary and desirable: Provided that an arbitrator shall not be required to have the proceedings recorded on tape. |
| (6) |
The arbitrator shall make a determination and submit that determination and a written report to the Court. |
| (7) |
The parties in any proceedings before the arbitrator shall be furnished with a copy of the determination and report referred to in subsection (6). |
| (8) |
A report from the arbitrator shall on its production constitute rebuttable evidence of the facts established by him or her. |
Administration of Estates Act, 1965
