CIVIL PROCEDURE ACT 2005 - SECT 44 Rehearing

CIVIL PROCEDURE ACT 2005 - SECT 44

44 Rehearing

(cf Act No 43 1983, section 18B)

(1) If an order is made for a full rehearing, the award ceases to have effect and the proceedings are to be heard and determined in the referring court as if they had never been referred to an arbitrator.

(2) If an order is made for a limited rehearing--

(a) the award is suspended from the time the order is made until the proceedings are determined, and

(b) the aspects ordered to be dealt with at the limited rehearing are to be heard and determined in the court concerned as if they had not been dealt with in the arbitration, and

(c) following the rehearing, the court may reinstate the award with such modifications (if any) as the court thinks appropriate, and

(d) the award, as reinstated, is final and conclusive, and is taken to be a judgment of the referring court.

(3) Subject to this Division, this Act and the uniform rules apply to proceedings on a rehearing in the same way as they apply to any other civil proceedings.