The Dairy Produce Quotas Regulations 2005 (revoked)

Special case, setting aside award and remission

28.  The arbitrator–

(a) may state at any stage of the proceedings; and

(b) must state, upon a direction in that behalf given by the judge of the county court following an application made by any party,

any question of law arising in the course of the arbitration and any question as to the jurisdiction of the arbitrator in the form of a special case for the opinion of the county court.

29.—(1) Where the arbitrator has misconducted himself, the county court may remove him.

(2) Where—

(a) the arbitrator has misconducted himself; or

(b) an arbitration or award has been improperly procured; or

(c) there is an error of law on the face of the award,

the county court may set the award aside.

30.—(1) The county court may from time to time remit the award, or any part of the award, to the arbitrator for reconsideration.

(2) Paragraph (3) applies in any case where it appears to the county court that there is an error of law on the face of the award.

(3) Instead of exercising its power of remission under sub-paragraph (1), the court may vary the award by substituting for so much of it as is affected by the error such award as the court considers that it would have been proper for the arbitrator to make in the circumstances.

(4) An award varied pursuant to paragraph (3) has effect as so varied.

(5) Where remission is ordered under sub-paragraph (1), the arbitrator must, unless the order otherwise directs, make and sign his award within 30 days of the date of the order.

(6) If the county court is satisfied that the time for making the award is for any good reason insufficient, the court may extend or further extend that time for such period as it thinks proper.