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The standing arbitrator.
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43.—(1) The Chief Justice, whenever so requested by the Minister, shall appoint a person to be standing arbitrator for the purposes of sections 41 and 42, and shall fix the fees to be paid to that person in respect of any dispute or difference referred to him under section 41 or any appeal to him under section 42.
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(2) The fees payable to the standing arbitrator shall be paid by the Board.
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(3) The standing arbitrator—
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(a) may administer oaths,
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(b) may in his discretion award costs, direct to and by whom and in what manner those costs or any part thereof shall be paid, measure the amount of those costs and require security for costs to be given to his satisfaction by any party at any stage of the proceedings before him,
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(c) may do all or any of the following things—
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(i) summon witnesses to attend before him,
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(ii) examine on oath any witness attending before him,
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(iii) require any such witness to produce any document in his power, procurement or control which the arbitrator considers necessary,
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(d) may at any time correct any clerical mistake or error in an award arising from any accidental slip or omission,
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(e) may, at the request of either party to proceedings before him, hear the proceedings in open court.
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(4) A witness before the standing arbitrator shall be entitled to the same immunities and privileges as if he were a witness before the High Court.
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(5) If any person—
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(a) on being duly summoned as a witness before the standing arbitrator makes default in attending, or
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(b) being in attendance as a witness refuses to take an oath legally required by the standing arbitrator to be taken, or to produce any document in his power, procurement or control legally required by the standing arbitrator to be produced by him, or to answer any question to which the standing arbitrator may legally require an answer,
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such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.
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(6) (a) The decision of the standing arbitrator on any question of fact shall be final, but the standing arbitrator may state, at any stage of the proceedings, in the form of a special case for the opinion of the High Court, any question of law arising in the course of the proceedings and may state his award as to the whole or part thereof in the form of a special case for the opinion of the High Court.
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(b) The following provisions shall apply in relation to any special case stated for the opinion of the High Court under paragraph (a) of this subsection—
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(i) the Board shall pay the costs of all parties thereto,
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(ii) the decision of the High Court shall not be subject to appeal.
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