Russell on the Power and Duty of an Arbitrator and the Law of Submissions and Awards: And References Under Order of Court, with an Appendix of Forms, Precedents, and StatutesStevens, 1919 - 759 pages |
From inside the book
Results 1-5 of 100
Page 35
... CAUSE , The subject - matter of an action may be referred to a judge as arbitrator . The judge in such a case is merely an arbitrator , and has no special powers by virtue of the fact that he is a judge , and his award is not subject to ...
... CAUSE , The subject - matter of an action may be referred to a judge as arbitrator . The judge in such a case is merely an arbitrator , and has no special powers by virtue of the fact that he is a judge , and his award is not subject to ...
Page 77
... cause " ; but if it is proposed to authorise him to dispose of nothing but the questions in the action , the submission very frequently purports to be " of all matters in difference in the cause between the parties " ( Malcolm v ...
... cause " ; but if it is proposed to authorise him to dispose of nothing but the questions in the action , the submission very frequently purports to be " of all matters in difference in the cause between the parties " ( Malcolm v ...
Page 78
... cause and all questions " is a reference only of all matters in dispute in the cause ( Baillie v . Edinburgh Oil Gas Co. ( 1835 ) , 3 C. & F. 639 ) . A reference " of a cause , " and " of all matters in difference in à cause , " mean ...
... cause and all questions " is a reference only of all matters in dispute in the cause ( Baillie v . Edinburgh Oil Gas Co. ( 1835 ) , 3 C. & F. 639 ) . A reference " of a cause , " and " of all matters in difference in à cause , " mean ...
Page 83
... cause , and all matters relating to an annuity in question in the cause , " it was held that the arbitrator had power to deal with the arrears of the annuity accruing due after the cause of action arose ( Wynne v . Wynne ( 1842 ) , 4 M ...
... cause , and all matters relating to an annuity in question in the cause , " it was held that the arbitrator had power to deal with the arrears of the annuity accruing due after the cause of action arose ( Wynne v . Wynne ( 1842 ) , 4 M ...
Page 108
... causes of action and to retain the other , or in proper circumstances to decline to refer the cause of action capable of being referred , and to retain both causes . The consideration which should weigh with the Court in such cases is ...
... causes of action and to retain the other , or in proper circumstances to decline to refer the cause of action capable of being referred , and to retain both causes . The consideration which should weigh with the Court in such cases is ...
Other editions - View all
Russell on the Power and Duty of an Arbitrator and the Law of Submissions ... Alfred a Hudson No preview available - 2015 |
Russell on the Power and Duty of an Arbitrator, and the Law of Submissions ... Alfred A. Hudson No preview available - 2018 |
Russell on the Power and Duty of an Arbitrator, and the Law of Submissions ... Alfred A. Hudson No preview available - 2016 |
Common terms and phrases
action affidavit agreed agreement to refer amount application appoint an arbitrator appoint an umpire Arbitration Act arbitration clause arbitrator's arbitrators or umpire arising authority Bing Caledonian Rail cause or matter charter-party claim Clauses Act Common Law Procedure contract costs Court of Appeal damages day of 19 decide decision defendant discretion documents duty enforce enlarge enquiry entitled evidence exercise fact functus officio ground hearing held Illustration judge judgment Judicature Act jurisdiction jury King's Bench Division L. J. Ch L. J. Ex Lands Clauses Law Procedure Act Lord Lord Esher matters in difference matters referred misconduct objection official referee opinion order of reference Order XXXVI parties payment performance person plaintiff proceedings provisions Rail Railway referred to arbitration refused remit respect River Dee rule of Court Schedule solicitor special referee statute submission to arbitration submitted supra third arbitrator trial unless verdict Vict Winteringham witnesses
Popular passages
Page 522 - If the cause or matter requires any prolonged examination of documents or any scientific or local investigation which cannot in the opinion of the Court or a judge conveniently be made before a jury or conducted by the Court through its other ordinary officers ; or (c) If the question in dispute consists wholly or in part of matters of account...
Page 656 - If any party to a submission or any person claiming through or under him commences any legal proceedings in any Court against any other party to the submission or any person claiming through or under him in respect of any matter agreed to be referred any party to such legal proceedings may at any time after appearance and before delivering any pleadings or taking any other steps in the proceedings...
Page 657 - If, on such a reference, one party fails to appoint an arbitrator, either originally or by way of substitution as aforesaid, for seven clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and his award shall be binding on both parties as if he had been appointed by consent : Provided that the Court...
Page 484 - ... the costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid...
Page 510 - Court or a judge may refer any question arising in any cause or matter (other than a criminal proceeding by the Crown) for inquiry or report to any official or special referee.
Page 48 - Every agreement or submission to arbitration by consent, whether by deed or instrument in writing, not under seal, may be made a rule of any one of the superior courts of law or equity at Westminster, on the application of any party thereto, unless such agreement or submission contain words purporting that the parties intend that it should not be made a rule of court...
Page 87 - Court or a judge thereof, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission...
Page 136 - ... on the trial of any issue joined or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 663 - Rule 6, the plaintiff may, on affidavit made by himself or by any other person who can swear positively to the facts verifying the cause of action, and the amount claimed...
Page 117 - ... does not show that it was intended that the vacancy should not be supplied, and the parties...