Family Code > CHAPTER EIGHT SETTLEMENT OF DISPUTES ARISING OUT OF MARRIAGE AND IRREGULAR UNION 3

<< < CHAPTER EIGHT SETTLEMENT OF DISPUTES ARISING OUT OF MARRIAGE AND IRREGULAR UNION 3 > >>

Section 3. Arbitration

Article 119. – Appointment of Arbitrators.

1) Where the spouse have decided to settle their dispute through arbitration in accordance with Article 82 (2) of this Code, they shall appoint one or more arbitrators and submit, within fifteen days from the date they were told to do so, the names of those arbitrators to the court.

2) On receiving the list of arbitrators or when the arbitrators appear before it in accordance with Sub-Article (1) of this Article, the court shall make a record forthwith and give direction as to how the reconciliation has to proceed and to submit the result of the arbitration or the attempt of reconciliation within three months.

3) Notwithstanding the provisions of Sub-Article (2) of this Article, the court may, where it deems necessary, examine the progress of the arbitration and make orders for submission of periodical reports thereon.

Article 120. – Additional Time.

Without being restricted by the provisions of Article 119, where the court is of the opinion that the spouse may settle their dispute through arbitration, it may, having regard to the progress of the arbitration, give additional time of not more than one month.

Article 121. – Responsibility of Arbitrators.

1) The arbitrators shall make an effort to reconcile the spouses and to make them renounce their petition for divorce.

2) Where the arbitrators have concluded that the dispute cannot be solved except by divorce, they shall report the result of their attempt to the court without delay.

3) The arbitrators shall have no power to give any order or decision concerning the spouses except persuading them to resolve the issue through arbitration.

Article 122. – Failure to Submit Report.

1) Where the arbitrators have failed to submit reports in accordance with Articles 119 and 121 of this Code, the court shall close the case.

2) Where the spouses or one of them have petitioned the court to reopen the case within one month from the date of the closure of the case by stating the reasons for not submitting the report and that the issue has not been settled through arbitration, the court may reopen the case and give appropriate decision.

3) The closure of the case under Sub-Article (1) of this Article may not prohibit the spouses or one of them from submitting a new petition and request for their case be reconsidered.

LawCodes