139.
Contents of Reference:1) The order of reference shall specify the names of the arbitrators, the precise matter or
matters submitted to arbitration and such period as it thinks reasonable for the making
of the award.
2) The Court may make provision in the order of reference for the remuneration of the
arbitrators.
140.
Appointment of Arbitrators:1) The arbitrators shall be appointed in such manner as may be agreed upon by the
parties.
2) Where the parties have agreed upon an even number of arbitrators, the Court shall
appoint one additional arbitrator;
3) Where the parties cannot agree with respect to the appointment of the arbitrator or
arbitrators, each party shall nominate either one or two arbitrators as the Court may
decide; provided that each party shall nominate the same number, and the Court shall
appoint one additional arbitrator.
141.
Appointment of Alternative Arbitrator:1) Where the arbitrator refuses to accept the office or dies or refuses to act or becomes
incapable of acting or if he retires or is dismissed, or leaves the New Sudan in
circumstances showing that he will probably not return within a reasonable time, the
Court shall call upon the party who nominated such arbitrator or, if such arbitrator
was appointed by agreement, upon the parties, to nominate a fresh arbitrator.
2) If no arbitrator is nominated within the period fixed by the Court, the Court may, after
giving the parties an opportunity of being heard, appoint an arbitrator or make an
order superseding the arbitration; and in such case the Court shall proceed with the
suit.
142.
Summoning Witnesses and Parties:1) The Court shall issue the same processes it issues in suits tried before it to the parties
and witnesses whom the arbitrator desires to examine.
2) Persons not attending in accordance with such process or making any other default or
refusing to give their evidence or guilty of any contempt to the arbitrator during the
investigation of the matters referred, shall be subject by order of the Court on the
representation of the arbitrator to the like disadvantages, penalties and punishments as
they would incur for the like offences in suit tried before the Court.
143.
Failure to Issue the Award Within the Specified Period:1) the arbitrators shall issue the award within the period specified in the order of
reference and the Court may extend such period from time to time as it thinks fit.
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