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SCHEDULES

SCHEDULE 2E+W Modifications of Part I in relation to judge-arbitrators

Withholding award in case of non-paymentE+W

7(1)A judge-arbitrator may refuse to deliver an award except upon payment of the fees and expenses mentioned in section 56(1).E+W

(2)The judge-arbitrator may, on an application by a party to the arbitral proceedings, order that if he pays into the High Court the fees and expenses demanded, or such lesser amount as the judge-arbitrator may specify—

(a)the award shall be delivered,

(b)the amount of the fees and expenses properly payable shall be determined by such means and upon such terms as he may direct, and

(c)out of the money paid into court there shall be paid out such fees and expenses as may be found to be properly payable and the balance of the money (if any) shall be paid out to the applicant.

(3)For this purpose the amount of fees and expenses properly payable is the amount the applicant is liable to pay under section 28 or any agreement relating to the payment of the arbitrator.

(4)No application to the judge-arbitrator under this paragraph may be made where there is any available arbitral process for appeal or review of the amount of the fees or expenses demanded.

(5)Any appeal from a decision of a judge-arbitrator under this paragraph lies to the Court of Appeal with the leave of that court.

(6)Where a party to arbitral proceedings appeals under sub-paragraph (5), an arbitrator is entitled to appear and be heard.