(1) An arbitrator is
bound by rules of natural justice except to the extent that this Act
authorises, whether expressly or by implication, a departure from those rules.
(2) The
Evidence Act 1906 does not apply to proceedings before an arbitrator and an
arbitrator —
(a) is
not bound by the rules of evidence or any practice or procedure applicable to
courts of record, except to the extent that the arbitration rules make them
apply; and
(b) is
to act according to equity, good conscience and the substantial merits of the
case without regard to technicalities and legal forms.
(3) An arbitrator may
inform himself on any matter as the arbitrator thinks fit.
(4) An arbitrator may
—
(a)
receive in evidence any transcript of evidence in proceedings before a court
or other person or body acting judicially and draw any conclusion of fact from
the transcript; and
(b)
adopt, as the arbitrator thinks fit, any finding, decision, or judgment of a
court or other person or body acting judicially that is relevant to the
proceeding.
(5) To the extent that
the practice and procedure of an arbitrator are not prescribed under this Act,
they are to be as the arbitrator determines.
[Section 188 inserted: No. 42 of 2004 s. 130;
amended: No. 31 of 2011 s. 76.]
[ 188A. Deleted: No. 42 of 2004 s. 136.]