Settlement of disputes

(1) For the purposes of this section, the word “dispute” includes any disagreement with the amount claimed by a credit union for any debt or demand due to it from a member, past member or the nominee, heir or legal representative of a deceased member. (2) Where any dispute that relates to the business of a credit union arises– (a) among members, past members or persons claiming through members, past members or deceased members; (b) between a member, past member, or person claiming through a member, past member or deceased member and the credit union, its board, or any officer of the credit union; (c) between the credit union and any other credit (d) between the credit union or its Board and any officer or employee of the credit union; (e) between the credit union and any of its creditors; (f) between the Board and the Supervisory Committee of the Credit Committee of the the dispute may be referred first to the League for settlement if the credit union involved is a member of the League, and to the Registrar where the credit union is not such a member. In the Credit Unions Act 63 case of referral to the League, if the parties to the dispute fail to reach a settlement, the dispute shall be referred to the Registrar for a decision. (3) The League may, before proceeding to hear or determine a dispute, make or cause to be made a preliminary investigation with the object of ascertaining the causes, defining the issues and endeavouring to bring about a voluntary settlement between the parties to the dispute. (4) In the case of a dispute between the credit union and the League or between the League and any cooperative or friendly society, such dispute shall be referred to the Registrar for a decision. (5) Where a dispute is referred to the Registrar under sub- section (2) or (4), he may– (a) refer it for disposal to an Arbitrator or Arbitrators; or (b) if any of the parties to the dispute so request, direct that the dispute be submitted to the courts for adjudication. (6) For the purpose of hearing any dispute, the Arbitrator may administer oaths, and may require the attendance of all parties concerned and witnesses, and the production of all books, documents and things relating to the dispute. (7) The Arbitrator shall have the power to order the expenses of resolving any dispute, including fees to legal practitioners, to be paid either out of the funds of the credit union or by such party as he determines. (8) Any party aggrieved by the decision of an Arbitrator may, appeal against the decision to the Registrar within such time and in such manner as may be prescribed. 64 Credit Unions Act (9) Notwithstanding anything in this section, a credit union may exercise any rights arising by law under any charges, mortgages, bills of sale or other securities or recovery of a loan duly executed in accordance with this Act or any other law without recourse to arbitration. (10) A decision of the Registrar in an appeal under sub- section (8) shall be enforced in the same manner as if the decision had been a judgment of a civil court; and shall only be appealed against on a question of law, to the Supreme Court whose decision shall be final. (11) The award of the Arbitrator or Arbitrators under sub- section 5(a) shall, if no appeal is referred to the Registrar under sub-section (8), or may, if any such appeal is abandoned or withdrawn, be filed in the Supreme Court or in the resident magistrate’s court for the district and shall be registered in the court in which it is filed; after the expiration of fourteen days after the award is filed and registered it shall be deemed to have the same force and effect as a judgment of the court in which it is registered and enforced accordingly by the person who filed the decision or award.