LATIFA BINT RADWAN, Appellant-Defendant v. MARDI EL SHEI~ AHMED & CO., Respondents-Plaintiffs
Arbitration-Procedure-Verbal award not a final award under section 95 Civil
Justice Ordinance 1900
A verbal award made by question and answer is not a final award
within the meaning of the Civil Justice Ordinance 1900 because section 9S
of the Ordinance requires all awards to be in writing.
Civil Justice Ordinance 1900, ss. 95, 97, 98 and 99.
• Court: Bell A/C.J., Wedd and Halford 11.
Appeal
June 9, 1926. Bell A/C.J.: In this case the respondents claimed
from the appellant a sum of £E.51.180 m/ms being the balance due
on an account.
When the case came before the court on 5 December 1925 an
order was made referring the dispute to arbitration in accordance with
the provisions of Chapter XIII of the Civil Justice Ordinance 1900.
The questions to be answered by the arbitrators were:
(1) whether the account is an account on which reliance can be
placed,
(2) what sums the appellant has paid against that account, and
what sum, if any, is due by the appellant to the respondents.
An award dated 8 February 1926 was made. .
On 15 February 1926 the Court returned the award to the arbi-
trators asking them to make a definite award. The arbitrators did
not make a further award, but on 22 April 1926 they appeared before
the court. Questions, were put by the court to the arbitrators and
were 'answered verbally.
Question (1) was answered in the affirmative by a majority.
The first part of question (2) was not put to the arbitrators at
all. The answer to the second part was, by a majority, £E.51.180
m/ms and two sacks of flour for about £E.4 not included in the
account. Upon this the court gave judgement for the' respondents for
£E.51.180 m/rns.
The appellant ought, no doubt, to have made to the High Court
her objections to the award which she subsequently made to the
Court of Appeal and to have asked for the remission or the setting
aside of the award. The original award of 8 February was remitted
and, in my opinion, there has been no final award at all. Section
951 of the Civil Justice Ordinance 1900 states that the award shall be
1 Editor's Note: Section 95, C.J.O. 1900 reads:
The arbitrators shall determine and award conceming the matter re-
ferred to them for arbitration.
The award shall be made in writing, and shall be signed by the arbi-
trators and shall be submitted by them to the court making the reference,
and the court shall cause notice to be served on the parties to attend and
hear the award.
in writing. It has been argued that this is a, technical point, and
that a verbal' award by question and answer is nevertheless an award
within the meaning of Chapter XIII of the Civil Justice Ordinance
1900. In my opinion this contention is wrong. Arbitration is a special.
form of procedure, in the hearing of civil suits the details of which
have been laid down minutely in the Ordinance. IIi view of the
restrictions imposed upon the courts by Sections 972, 983, and 99'
of the Ordinance it appears to me to be most essential that the
procedure should be followed with the closest regard to such details.
Moreover, it is obvious that an award given in writing by the arbitrators
ensures that' they have deliberated on the matter before arriving at
a decision. An award given by answers to questions put verbally in
court is an entirely different matter
For these reasons I am of opinion that no final award within the
meaning of Chapter XIII of the Civil Justice Ordinance 1900 has
been given, and, therefore, the case must be sent back to the High
Court for the remission of the award of 8 February 1926 to the
arbitrators in order that they may make a definite award. The costs
of this appeal must be paid by the respondent, the costs in the High
Court must follow the final result of the case.
Wedd J.: I concur.
Halford I.: I concur.
Order accordingly
• Editor's Note: Section 97, CJ.O. 1900 reads: .
No award shall be liable to be set aside, except on the ground of c0r-
ruption or misconduct of all or any of the arbitrators.
Any application to set aside an award shall be made within ten cia,.
after the day appointed for hearing the award.
• Editor's Note: Section 98, CJ.O. 1900 reads:
If the court making the reference sees no cause of remitting or flJr-
ther remitting the award or any matter referred to arbitration for reeea-
sideration in the manner aforesaid.
and if no application has been made to set aside the award, or if the
Court has refused such application, the Court shall decide in accordance
with the award of the majority of the arbitrators, and shall fix the amount
to be allowed for the expenses of the arbitration, and direct by and to
whom, and iJI what manner, the same shall be paid.
• Editor's ]'1ote: Section 99, C.I.O. 1900 reads:
Such decision, shall not be open to appeal and shall be at once, car-
ried out;
and no Court shall entertain any suit for the purpose of setting it
aside or against the arbitrators on account of their award.