Northern Territory Consolidated Acts Northern Territory Consolidated Acts18. Refusal or failure to attend before arbitrator or umpire, &c.
(1) Unless a contrary intention is expressed in the arbitration agreement, where a person (whether or not a party to the agreement) -
(a) refuses or fails to attend before the arbitrator or umpire for examination when required under a subpoena or by the arbitrator or umpire to do so;
(b) appearing as a witness before the arbitrator or umpire refuses or fails -
(i) to take an oath or to make an affirmation or affidavit when required by the arbitrator or umpire to do so;
(ii) to answer a question that the witness is required by the arbitrator or umpire to answer; or
(iii) to produce a document that the witness is required under a subpoena or by the arbitrator or umpire to produce; or
(c) refuses or fails to do any other thing which the arbitrator or umpire requires him to do,
a party to the arbitration agreement or the arbitrator or umpire may apply to the Court and the Court may order the person in default to attend before the Court for examination or to produce to the Court the relevant document or to do the relevant thing.
(2) Where the Court makes an order under subsection (1), it may, in addition, make orders for the transmission to the arbitrator or umpire of -
(a) a record of evidence given pursuant to the order;
(b) a document produced pursuant to the order or a copy of such document; or
(c) particulars of a thing done pursuant to the order,
and such evidence, document or thing shall be deemed to have been given, produced or done (as the case requires) in the course of the arbitration proceedings.
(3) If a party to an arbitration agreement -
(a) refuses or fails to attend before the arbitrator or umpire for examination when required under a summons or by the arbitrator or umpire to do so; or
(b) fails within the time specified by the arbitrator or umpire or, if no time is so specified, within a reasonable time to comply with a requirement of the arbitrator or umpire,
the arbitrator or umpire may continue with the arbitration proceedings in default of appearance or of any other act by the party if, in similar proceedings before the Court, the Court could in the event of such a default continue with the proceedings.