Section 41Part 7 — ARBITRAL PROCEEDINGS
Refusal or failure to attend before arbitrator etc.
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Unless a contrary intention is expressed in the arbitration agreement, where any person (whether or not a party to the agreement) —
refuses or fails to attend before the arbitrator for examination when required under a subpoena or by the arbitrator to do so;
appearing as a witness before the arbitrator —
refuses or fails to take an oath or to make an affirmation or affidavit when required by the arbitrator to do so;
refuses or fails to answer a question that he is required by the arbitrator to answer;
refuses or fails to produce a document that he is required under a subpoena or by the arbitrator to produce; or
refuses or fails to do any other thing which the arbitrator may require,
a party to the arbitration agreement or the arbitrator may apply to the court for an order requesting the person in default to attend before the court for examination or to produce the relevant document or to do the relevant thing.
An order made by the court under subsection (1) may include a request for the transmission to the arbitrator of —
a record of any evidence given pursuant to the order;
any document produced pursuant to the order or a copy of any such document; or
particulars of any thing done pursuant to the order,
and any 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.
If a party to an arbitration agreement —
refuses or fails to attend before the arbitrator for examination when required under a subpoena or by the arbitrator to do so; or
fails within the time specified by the arbitrator or, if no time is so specified, within a reasonable time to comply with a requirement of the arbitrator,
the arbitrator may continue with the arbitration proceedings in default of appearance and make its award, on the basis of the evidence before it.