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Revised Laws of Saint Lucia (2022)

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Schedule 1

(Section 4)

PROVISIONS TO BE IMPLIED IN ARBITRATION AGREEMENT

1. If no other mode of reference is provided, the reference shall be to a single arbitrator.

2. If the reference is to 2 arbitrators, the 2 arbitrators shall appoint an umpire immediately after they are themselves appointed.

3. If the arbitrators have delivered to any party to the arbitration agreement, or to the umpire a notice in writing, stating that they cannot agree, the umpire may enter on the reference in lieu of the arbitrators.

4. If the parties to an arbitration agreement between whom differences have arisen are unable to agree as to the terms upon which such differences shall be submitted to arbitration, any party may apply to a Judge in Chambers by petition to be served on the other party to settle the terms of reference.

5. The parties to the reference, and all persons claiming through them respectively, shall, subject to any legal objection, submit to be examined by the arbitrators or umpire, on oath or affirmation, in relation to the matters in dispute, and shall, subject as aforesaid, produce before the arbitrators or umpire, all books, deeds, papers, accounts, writings and documents within their possession or power respectively which during the proceedings on the reference the arbitrators or umpire may require.

6. The witnesses on the reference shall, if the arbitrators or umpire think fit, be examined on oath or affirmation.

7. The award to be made by the arbitrators or umpire shall be final and binding on the parties and the persons claiming under them respectively.

8. The costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof, and may award costs to be paid as between solicitor and client.

9. The arbitrators or umpire shall have the same power as the Court to order specific performance of any contract other than a contract relating to land or any interest in land.

10. The arbitrators or umpire, may, if they think fit, make an interim award.

2. Interpretation

3. Arbitration agreement irrevocable having effect as order of Court

4. Provisions implied in arbitration agreements

5. Arbitration agreement not to be discharged by death of party thereto

6. Provisions in case of bankruptcy

7. Power to stay proceedings where there is an arbitration agreement

8. Power of Court to appoint an arbitrator OR umpire

9. Provisions on the appointment of 2 arbitrators

10. Provisions on the appointment of 3 arbitrators

11. Arbitrators and umpires to use due dispatch

12. Power of court where arbitrator is not impartial or dispute involves fraud

13. Where arbitrator is removed or appointment of arbitrator is revoked

14. When umpire is the sole arbitrator

15. Powers of arbitrator

16. Witnesses may be summoned by Subpoena

17. Enlargement of time for making award

18. Power to remit award for reconsideration

19. Power to set aside award

20. Enforcing award

21. Interest on awards

22. Provision as to costs

23. Limitation of time for commencing arbitration proceedings

24. Reference for enquiry and report

25. Reference for trial

26. Powers and remuneration of referees and arbitrators

27. Court to have powers as in references by consent

28. Powers of Court of Appeal on appeal

29. Power to compel attendance of witness

30. Additional powers of Court

31. Statement of case by arbitrator or umpire

33. Taxation of arbitrator's or umpire's fees

34. Crown to be bound

35. Application of ACT to references under statutory powers

37. Power for Supreme Court to make rules

38. Application of this Act to arbitration under certain contracts

39. Saving or pending arbitrations