CHAPTER XVI.

 

OF PROCEEDINGS IN SPECIAL CASES.

 

ARTICLE XXXVIII.––OF THE SETTLEMENT OF DISPUTES BY ARBITRATION.

 

§925.  All controversies, which might be the subject of a personal action at law, or of a suit in equity, may be submitted to the decision of one or more arbitrators, in the manner provided in this article.

 

§926.  The parties to any such controversy may agree in writing, to submit the same to the decision of one or more arbitrators, named in the agreement, or to be appointed in such manner as the parties shall agree upon, stipulating that the award of such arbitrators when rendered, shall be entered up as a judgment of any court of record, or police court, of the Kingdom, mentioned in such agreement.

 

§927.  The parties shall appear personally, or by attorney, before the police justice, or any justice of the court of record, agreed upon, and upon their acknowledging the execution of the written submission, and producing the same, before such justice, he shall cause the same to be entered as a rule of court: after which neither party shall have a right to revoke the submission, without the consent of the other.

 

§928.  All the matters submitted to the decision of the arbitrators, shall be specified in the agreement of submission, or in a written statement annexed thereto.

 

§929.  The parties may stipulate in the agreement of submission, as to the time within which the award is to be made and reported to the court, and no award made after that time shall be held to bind the parties, unless by their mutual consent before the court.

 

§930.  The arbitrators shall give notice to the parties of the time and place appointed for hearing, and if either of the parties shall neglect to appear before the arbitrators, after due notice, the arbitrators may proceed to hear and determine the cause, upon the evidence produced by the other party.

 

§931.  All the arbitrators must meet and hear the parties, but a majority of them may make the award, which shall be as valid as if signed by all of them, unless the concurrence of the whole be expressly required in the submission.

 

§932.  The award shall be delivered by one of the arbitrators, to the police justice, or to the clerk of the court of record, by whom the submission was made a rule of court.

 

§933.  If there is no provision in the submission, concerning the costs of the proceedings, the arbitrators may make such award respecting the costs, as they shall judge reasonable, including a compensation for their own services; but the court may reduce the sum, charged for the compensation of the arbitrators, if it shall appear to the court unreasonable.

 

§934.  Upon the coming in of the award, either party may, after four days of notice to the other party, move the police justice, or any justice of the court of record, as the case may be, to cause the award to be entered up as a judgment of the court; and unless the other party shall satisfy the justice, that the award has not been made in accordance with the terms of the submission, or that it has been made by collusion or fraud, he shall cause the same to be entered up as a judgment of court; but if the opposing party sustains his objections to the satisfaction of the justice, he shall declare the award null and void.

 

§935.  After such award has been entered up as a judgment of court, execution may be issued thereon as in other cases.

 

§936.  Any party deeming himself aggrieved, by the decision of the justice before whom motion is made for judgment upon the award, may take an appeal to the Supreme Court, in banco, upon filing written notice of his intention so to appeal, within five days after the rendition of such decision.

 

 

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