Dust Diseases Tribunal Rules 2019

In this rule—

The registrar is appointed as an arbitrator.

The President may appoint as an arbitrator any person approved by the President.

The Tribunal or the registrar may, if the Tribunal or registrar thinks fit, and whether or not any application is made for the order, by order refer a dispute to an arbitrator named in the order, and may, but need not, in the order specify a place where and a day on which the arbitration of the dispute is to take place.

If no place or day is specified in an order made under subrule (4), the registrar may by direction specify such a place or day.

For the purposes of section 20 (1) of the Act, an arbitration under section 38 of the Act is a proceeding before the Tribunal, and a subpoena to give evidence issued in respect of an arbitration must be made returnable before the arbitrator.

In an order made under subrule (4) or a subsequent order—

the Tribunal or registrar may specify the insurers or other persons who are or were parties to the original proceedings before the Tribunal and who are to be parties to the arbitration, and

the Tribunal may join as parties to the arbitration insurers or other persons who were not parties to the original proceedings before the Tribunal.

An arbitrator must, if not prepared to hear and determine a dispute referred to the arbitrator, so inform the Tribunal or registrar as soon as practicable, specifying the arbitrator’s reasons.

If an arbitrator declines or fails to hear and determine a dispute, the Tribunal or registrar must revoke the order referring the dispute to the arbitrator, and may make another order referring the dispute to an arbitrator.

An arbitrator may from time to time adjourn the arbitration of a dispute which the arbitrator has commenced to hear.

Subject to subrule (10), an arbitrator must, on the day (if any) specified under subrule (4) or (5), or to which the arbitration has been adjourned under subrule (10), and in any case within a reasonable time, hear, or continue to hear, and determine the dispute, whether or not in the absence of any party to the dispute.

An arbitrator must within a reasonable time after hearing and determining a dispute reduce the arbitrator’s determination to writing, including the reasons for the determination, and, if the arbitrator is not the registrar, forward the determination to the registrar.

The reasons for a determination must be specified to the extent that, in the opinion of the arbitrator, they make the parties to the dispute aware of the arbitrator’s view of the case made by each of them.

The registrar must, forthwith after completing or receiving a determination in writing, send a copy of the determination, endorsed with the date of sending, to each party to the dispute.

If the arbitrator is not the registrar, the arbitrator’s fees may be assessed by consent of the parties to the dispute, and failing any such consent—

the arbitrator’s fees may be determined by the arbitrator in accordance with any applicable scale of fees to arbitrators, and

if there is no applicable scale of fees to arbitrators, the Tribunal or registrar may determine the arbitrator’s fees at an amount not exceeding the amount that would be payable if the work done by the arbitrator had been work done by a legal practitioner.

Unless the Tribunal or registrar otherwise orders, the fees payable to an arbitrator and any other fees or other expenses incurred in respect of an arbitration are—

payable equally between the parties to the dispute, and

payable in the first instance by the party (if any) who requested the referral to arbitration, and

recoverable by any party who has paid them against the other parties to the dispute proportionately.

Costs in respect of an arbitration are within the discretion of the arbitrator, and assessable, as though the arbitration were proceedings before the Tribunal and the arbitrator were the Tribunal.

The determination of an arbitrator may be called in question on a matter of fact or law, but only on application made under section 38 (4) of the Act.

An application under section 38 (4) of the Act must be made within 28 days of the date of sending endorsed under subrule (14) on the determination the subject of the application.