Powers & Duties of Arbitrators & Umpires

The arbitrators shall, with all convenient speed after appointment, consider the statements of the parties, and such other materials as the parties may have been required or permitted to deliver; and shall in whatever manner they consider appropriate and from whatever sources they consider appropriate, and either together or individually as they think proper, obtain any additional information they require as to customs of the trade, the course of the trade or of dealing between the parties and others, and otherwise as to facts and matters relevant to the case; and shall further inspect such goods, samples and other materials as shall seem expedient; and may then call on any party to make any further statement or comment upon information so collected that may seem advisable; whereafter they shall, before proceeding to any formal arbitration upon any part of the dispute, endeavour to reach agreement as to the proper award to be given.
If the arbitrators agree upon the whole dispute, they shall give their awards accordingly. If they agree upon any part of the dispute, they may give an award accordingly upon that part, and may do so either before or after the remainder of the dispute has been heard or determined.
If the arbitrators shall fail to agree upon any part of the dispute which is not in their opinion appropriate to formal hearing, the Committee shall appoint an umpire over that part of the dispute who shall forthwith enter upon the reference. Quality disputes or the like shall only in exceptional circumstances be considered appropriate for formal hearing.
The arbitrators or umpire appointed under these Rules shall have the same jurisdiction and the award shall have the same effect, as if the arbitration agreement contained clauses expressly and specifically referring to arbitration.
1. Each question of law arising in the course of the reference;
2. Any question arising as to whether any dispute falls within any arbitration clause or other arbitration agreement;
3. Any question arising as to whether an arbitration agreement, or an agreement containing it, has in any way ceased to have effect;
4. Any question arising as to whether an agreement (whether containing the arbitration agreement or not) is effectual or has come into existence or into force EXCEPT that the arbitrators or umpire shall not, as against any party failing to deliver a statement of case or of defence or objecting therein to their doing so, decide any question (expressly raised or not) as to whether the arbitration agreement under which the arbitration is held has come into existence or into force.
5. Where the agreement requires arbitration to be commenced within a limited period : Any question arising as to whether the arbitration was commenced out of time, and if it was, the question whether the time ought not to be enlarged; together (in case 5 above)with a clause giving the Committee power to enlarge the time for arbitration if in its opinion the time provided is in the circumstances of the case unreasonably short, or if it is satisfied that no other party has been prejudiced to any substantial extent by the delay.
The arbitrators or umpire appointed under these Rules may give directions as to the disposal of, and may transfer the property in, any goods in dispute.
The arbitrators or umpires appointed under these Rules may at any stage, and at the cost of the parties, take or obtain legal or other professional or expert advise or assistance, and may act thereon or not as they see fit. In all matters connected with wool in any form, or with trade in wool, or textiles in any form, both arbitrators or umpires shall in the first instance act on the expert opinion of the arbitrators and may accordingly refuse to receive other evidence on such matters, or reject such evidence if given.
The arbitrators or umpire may, in particular without proceeding to formal hearing, take (or cause to be taken) oral evidence either from (or tendered on behalf of) the parties, or from witnesses of their own choosing; and it shall be within their entire discretion whether to allow any and if so which parties to be present at the taking of such evidence, and whether or not to allow any party present to intervene by cross-examination or otherwise: PROVIDED THAT before taking oral evidence or causing oral evidence to be taken from, or tendered on behalf of, a party in the absence of other parties, or excluding one party from any hearing to which any others are admitted, they shall give to the parties an opportunity to ask for a formal hearing of the arbitration : and if in such a case a formal hearing is asked for, they shall (subject to the provisions of Rule 9(e) as to costs) either abandon their intention of so taking evidence or proceed to formal hearing. If there is no formal hearing, parties present at the taking of oral evidence shall not be professionally represented there. Any affidavit, statutory declaration or unsworn statement of evidence, made by a party or by a witness tendered by or on behalf of a party, shall be available for inspection by all other parties, and accordingly shall be furnished in the same number of copies as a statement of case. The record of any evidence taken before an examiner, or otherwise taken not before the arbitrators or umpire, shall in so far as it be evidence of a party or of a witness tendered by or on behalf of a party, be open to inspection by all parties.
Unless otherwise agreed by the parties, in any reference to arbitration under these Rules, the law governing the contract, agreement or matter in dispute and the Arbitration Agreement if not included in the said Contract and the validity, construction and performance thereof, shall be English law.
Subject to the provisions of the law and of these Rules, the arbitrators and umpire shall have absolute discretion in regulating the procedure applicable to the arbitration of the dispute before them.
Unless a contrary intention is expressed in the arbitration agreement, the arbitrators and umpire shall have power, if they think fit, to make one or several interim awards and, having made such interim awards, shall not lose jurisdiction to dispose of the remaining matters in dispute in consequence thereof.
After the publication of the award an arbitrator or umpire shall not make any statement (on oath or otherwise) to any party to the arbitration relating to matters that passed in the mind of the arbitrator or umpire or were in his intention when making the award, except that an arbitrator or umpire shall be at liberty to inform a party of any clerical mistake or error arising from any accidental slip of omission in the award. No party shall seek to make an arbitrator or umpire a witness, nor shall any arbitrator or umpire volunteer to a party to be a witness in proceedings on or arising out of the arbitration of the dispute arbitrated if the evidence concerns matters that passed in the mind or the arbitrator or umpire or were in his intention when making the award except if these matters relate to any clerical mistake or error arising from any accidental slip or omission in the award.
The Chamber; the Committee; any officer of or person deputed by the Chamber or Committee; any arbitrator or umpire, appointed by, or with the assistance of the Chamber, Committee, or such officer or person deputed as aforesaid; shall not be liable for any loss or damages suffered by any party or other person in connection with the initiation, acceptance, rejection or conduct of any arbitration or the making, publication or any other measure in connection with the award, unless such loss or damages are caused wilfully.