Arbitration Act, 1904
Act 24 of 1904
- Commenced on 28 July 1904
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Arbitration Act, 1904.
2. InterpretationIn this Act, unless the context otherwise requires—"Court" means the High Court;"judge" means a judge of the High Court;"magistrate’s court" means a court established under the Subordinate Courts Proclamation (Cap. 20);"official referee" means a referee appointed by the Court or a judge;"special referee" means any particular person appointed to be a referee in any particular matter;"submission" means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not.
Part II – References by consent out of Court
3. Effect of a submissionUnless a contrary intention is expressed therein, a submission shall be irrevocable except by leave of the Court, or a judge, or by consent of all parties thereto and shall have the same effect in all respects as if it had been an order of Court.
4. Submission to include provisions in ScheduleA submission shall unless a contrary intention is expressed therein, be deemed to include the provisions of the Schedule so far as they are applicable to the reference under the submission.
5. Official refereeIf a submission provides that the reference shall be to an official referee, any official referee to whom application is made shall, subject to any order of Court or a judge, hear and determine the matters agreed to be referred.
6. Staying of legal proceedings
7. Provisions excluding arbitration on certain matters
8. In what cases written notice to appoint an arbitrator may be served
9. Supply of vacancy in case the submission provides for two arbitratorsIf a submission provides that a reference shall be to two arbitrators one to be appointed by each party, then, unless the submission expresses a contrary intention, if—
10. Arbitrators and umpires to be disinterested parties
11. Court may remove arbitrator or umpireThe Court may at any time upon motion remove any arbitrator or umpire against whom a just ground of recusation is found to exist or who has misbehaved himself in connection with the matters referred to him for arbitration.
12. Powers of umpire or arbitratorThe arbitrator or umpire acting under a submission may unless the submission expresses a contrary intention—
13. Party to submission may take out process of Court for witnessesAny party to a submission may take out process of the Court for the attendance of witnesses, but no person shall be compelled under any such process to produce any document which he could not be compelled to produce at the trial of any action.
14. Time of making awardThe time for making an award may from time to time be extended by order of the Court or a judge, whether the time for making the award has expired or not.
15. Remission of case to arbitrator or umpire
16. Misconduct of arbitrator or umpire
17. Award; how to be enforcedAn award which has been made an order of Court may be enforced in the same manner as a judgment or order to the same effect.
18. Arbitrators or umpire may appoint place for arbitrationIf the submission does not provide in what place the arbitration shall be held the arbitrators or umpire may decide upon such place as may be reasonably accessible to the parties and convenient for the purposes of the reference.
Part III – References under order of Court
19. Official and special referees and officers of Court
20. Matters which may be referred to referees for trialThe Court or judge may at any time order the whole of any cause or matter (other than a criminal proceeding) or any question or issue of fact arising therein to be tried before an official or special referee or arbitrator agreed on by the parties or, failing agreement, before any official referee or officer of the Court appointed by it if—
21. Duty of referee and effect of his report or award
22. Award may be made a rule of CourtThe report or award of any officer of the Court or official or special referee or arbitrator may upon motion by any party after due notice to the other parties be made an order of Court.
23. Powers of Court or judge as to referencesThe Court or a judge shall as to references under an order of the Court or a judge have all the powers conferred by this Act on the Court or a judge as to references by consent out of Court.
Part IV – General
24. Subpoena or summonsThe issue of a subpoena or summons on a witness to compel his attendance and the production of things or documents before an arbitrator, umpire, officer of the Court, official or special referee, as the case may be, may be procured in the same way and subject to the same conditions as if the matter were an action pending in the Court by—
25. General powers of Court or judgeThe Court or a judge may order the issue of process of the Court to compel the attendance before a special or official referee or officer of the Court or before an arbitrator or umpire of a witness wherever he may be within the jurisdiction of the Court or may order any prisoner to be brought up for examination before such officer, referee, arbitrator or umpire.
26. Special case stated by umpire, referee, arbitrator or officerAny such officer, referee, arbitrator or umpire may at any stage of the proceedings under a reference and, if so directed by the Court or a judge shall, state in the form of a special case for the opinion of the Court any question of law arising in the course of the reference.
27. CostsAny order made under this Act may be made on such terms as to costs or otherwise as the authority making the order deems just.
28. False evidenceAny person who wilfully or corruptly gives false evidence before any such officer, referee, arbitrator or umpire shall be guilty of perjury in the same way as if the evidence had been given in open Court and may be dealt with, prosecuted and punished accordingly.
29. Not to affect arbitration under Acquisition of Property Act, No. 10 of 1961, except by consentThis Act shall not apply to any arbitration under the Acquisition of Property Act, No. 10 of 1961 unless all the parties to the arbitration otherwise agree in writing, in which case both Acts shall be read together.
History of this document
28 July 1904
Cited documents 1
Documents citing this one 9
- A & B Investments (Pty) Limited v v & M Investments (Pty) Limited (2651 of 2003)  SZHC 60 (27 May 2004)
- AG Thomas (Pty) Ltd v Salgaocar Swaziland (Pty) Ltd (1499 of 2012)  SZHC 254 (31 October 2012)
- Muir v Dlamini N.O and Others (3692 of 2002)  SZHC 72 (15 June 2004)
- S v Gamedze and Others (127 of 2002)  SZHC 150 (2 November 2004)
- Swaziland Government Gazette dated 1992-06-15 number 875
- Swaziland Government Gazette dated 1992-09-11 number 899
- Swaziland Lilanda Suppliers (Pty) Ltd v Minister of Enterprise and Employment and Others (3484 of 2008)  SZHC 89 (3 March 2009)
- Swaziland Manufacturing And Allied Workers Union v Swaziland United Bakeries (Pty) Ltd (72 of 2006)  SZIC 56 (5 May 2006)
- Swaziland Medical Aid Fund v Medscheme Administrators Swaziland (Pty) Ltd (725 of 2017)  SZHC 151 (27 July 2017)