(1) Subject to the
provisions of this Act, the parties are free to agree on the procedure to be
followed by the arbitral tribunal in conducting the proceedings.
(2) Failing such
agreement, the arbitral tribunal may, subject to the provisions of this Act,
conduct the arbitration in such manner as it considers appropriate.
(3) The power
conferred on the arbitral tribunal includes the power to determine the
admissibility, relevance, materiality and weight of any evidence.
(4) The power
conferred on the tribunal also includes the power to make orders or give
directions for the examination of a party or witness on oath or affirmation.
(5) For the purposes
of the exercise of the power referred to in subsection (4), the arbitral
tribunal may administer any necessary oath or take any necessary affirmation.
(6) An order made or
direction given by an arbitral tribunal in the course of arbitral proceedings
is, by leave of the Court, enforceable in the same manner as if it were an
order of the Court and, where leave is so given, judgment may be entered in
terms of the order or direction.
Note for this section:
This section (other
than subsections (4)–(6)) is substantially the same as Art 19 of the
Model Law. Subsections (4)–(6) elaborate on the powers conferred on