Section 54, The Arbitration Act, 2022

(1) A party to arbitral proceedings may use the same Courtprocedures as are available in relation to legal proceedings to secure the attendance before the arbitral tribunal of a witness in order to give oral testimony or to produce documents or other material evidence. Enforcement o f peremptory orders of Securing attendance of witnesses. (b) submit written evidence or make written submissions, on matters that are to be dealt with in writing, of which due notice was given; (c) comply with an order or directions of an arbitral tribunal, the arbitral tribunal may make a peremptory order to the same effect, prescribing such time for compliance with it as the arbitral tribunal considers appropriate; (d) comply with a peremptory order of the arbitral tribunal to provide security for costs, the arbitral tribunal may make an arbitral award dismissing its claim; (e) comply with any other kind of peremptory order, the arbitral tribunal may make such order, as specified in subsection (4), including the payment of costs of the arbitration incurred in consequence of the non-compliance. (4) In consequence of the non-compliance of a party to an arbitration proceeding under subsection (3), an arbitral tribunal may- (a) direct that the party in default shall not be entitled to rely upon an allegation or material which was the subject matter of the order; (b) draw such adverse inferences from the act of non-compliance as the circumstances justify; (c) proceed to an arbitral award on the basis of such materials as have been properly provided to it; 38 39 (d) continue the arbitral proceedings in the absence of that party or, as the case may be, without written evidence or submissions on its behalf and make an arbitral award on the basis of the evidence before it. 52. (1) Unless otherwise agreed by the parties, the arbitral tribunal may - (a) appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal; and (b) require a party to give the expert any relevant information, to produce or to provide access to relevant documents, goods or other property for its inspection. (2) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, an expert appointed by the arbitral tribunal under subsection (1) shall, after delivery of its written or oral report, participate in a hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue. (3) The fees and expenses of an expert appointed by the arbitral tribunal for which the arbitrators are liable are expenses of the arbitrators for the purposes of this Act. Expert appointed by No. 18 The Arbitration Act 2022No. 18 The Arbitration Act 2022 41 (2) Securing the attendance before the arbitral tribunal of a witness under subsection (1), may only be done with the permission of the arbitral tribunal or with the agreement of the other parties. (3) Court procedures under subsection (1), may be used if - (a) the witness is in Sierra Leone; and (b) the arbitral proceedings are being conducted in Sierra Leone. (4) A person shall not be compelled by virtue of this section to produce a document or other material evidence which he could not be compelled to produce in legal proceedings.