'File 18/55 I (C 101) Bahrain Order in Council' [‎37r] (82/477)

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Ai ^ent actinp; in conoert with the Sheikh of Bahrein, and in all Salifah cases their joint
decision shall be final. tit ,
(4.) The award of the Arbitrator under sub-Article 1 (e) shall be final, and shall
not be open to appeal unless the same shall within a reasonable time have been ordered
bv the Political A^ent to be set aside on the ground that it is not final or is defective,
or that the Arbitrator has exceeded his authority, or has been guilty of misconduct in
the matter. # . t ■ . n
(5.^ Nothing herein mentioned shall prevent the District Court, the Joint Court,
the Majlis-el-Urf, the Salifah Court, or the Arbitrator from referring any matter in
the progress of a suit which involves a point of* Mahommedan law to a Kazi for decision,
or from sending any party or witness, being a Mahommedan, to a Kazi for tin 4
administration of an oath. l .
46.—(1.) Where a Bahrein subject obtains, in a Court established under this Order,
a decree or order against a defendant being a British subject, or foreigner, and in
another suit that delendant is plaintiff and the Bahrein subject is defendant, the Court
may, if it thinks tit, on the application of the British subject, or foreigner, stay the
enforcement of the decree or order pending that other suit, and may set off anv amount
decreed or ordered to be paid by one party in one suit against any amount decieed oi
ordered to be paid by the other party in the other suit.
(2.) Where a plaintiff, being a Bahrein subject, obtains a decree or order, in a
Court established under this Order, against two or more defendants, being Biitish
subjects, or foreigners, jointly, and in another suit one of them is a plaintiff and the
Bahrein subject is defendant, the Court may, if it thinks fit, on the application of the
British subjects, or foreigners, stay the enforcement of the decree or order pending
that other suit, and may set off any amount decreed or ordered to be paid by one
party in one suit airainst any amount decreed or ordered to be paid by the other party
in the other suit, without prejudice to the right of the British subject or foreigner tn
obtain contribution from his co-defendants under the joint liability.
(8.) Where in a suit a Bahrein subject is co-plaintiff with a British subject oi
f reigner who is in Bahrein, it shall not be necessary for the Bahrein subject
to ufve security under this Article as regards fees and costs, unless the Court
so directs, but the co-plaintiff British subject, or foreigner, shall be responsible for all
lees and cosls.
47 n ) Every agreement for reference to arbitration between a person to
whom this Order applies on the o.ie hand, and a Bahrein subject on the other
hand, may, on the application of any party, be tiled lor execution in the office of the
^ (2.) The Court shall thereupon have authority to enforce the agreement, and the
award made thereunder, and to control and regulate the proceedings befoxe and after
the award, in such manner and on su3h terms as the Court may think lit, in concert
with the Sheikh or his representative.
(c.) General.
48, n.) Where it is proved that the attendance of a person to whom this Order
applies, to "ive evidence, or for any other purpose connected with the administration
of iustice, is required before a Bahrein Tribunal, a Court estab ished under this
Order mav, if it thinks fit, in a case and in circumstances in which the Court would
require tlie attendance of that person before the Court, order that he do attend as
lequiied. on ordered to attend, having reasonable notice of the time and
place at which he is required to attend, fails to attend accordingly and does not
excuse his failure to the satisfaction of the Court, he shall, independently of any
other liability, be liable to be punished with imprisonment tor a term which
mav extend to two months, or with fine which may extend to 1,000 rupees Indian silver coin also widely used in the Persian Gulf. , or
' T) l
*49 When a person to wiiom this Order applies invokes or submits to tlu
iurisdiction of a Bahrein Tribunal, and engages in writing to abide by the decision ol
that Tribunal or to pay any fees or expenses ordered by that Tribunal to be paid by
him the Court may, on sucli evidence as it thinks fit to require, enforce payment ol
such fees and expenses in the same manner as if they were fees payable m a proceedi ng
in the Court, and shall pay over and account for the same, when levied, to the proper ,
Bahrein authority, as the Court may direct.
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