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
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Page 36
... motion in that behalf by the other parties , that the agreement to refer to the foreign Court was within s . 11 of the Common Law Procedure Act , 1854 ( repealed ) , that the action should be stayed , and that a reference should take ...
... motion in that behalf by the other parties , that the agreement to refer to the foreign Court was within s . 11 of the Common Law Procedure Act , 1854 ( repealed ) , that the action should be stayed , and that a reference should take ...
Page 41
... motion to set aside his award on the ground of bias ( Haigh and London & North Western Rail . , and Great Western Rail . , In re , [ 1896 ] 1 Q. B. 649 ; 65 L. J. Q. B. 511 ) . 8. A building contract referred disputes to the engineer of ...
... motion to set aside his award on the ground of bias ( Haigh and London & North Western Rail . , and Great Western Rail . , In re , [ 1896 ] 1 Q. B. 649 ; 65 L. J. Q. B. 511 ) . 8. A building contract referred disputes to the engineer of ...
Page 94
... motion for a stay it was held that under the terms of the submission the arbitrators had power to decide whether the dispute between the parties fell within the arbitration clause ( Willesford v . Watson ( 1873 ) , L. R. 8 Ch . 473 ) ...
... motion for a stay it was held that under the terms of the submission the arbitrators had power to decide whether the dispute between the parties fell within the arbitration clause ( Willesford v . Watson ( 1873 ) , L. R. 8 Ch . 473 ) ...
Page 96
... motion for a receiver in a partnership action ( Zalinoff v . Hammond , [ 1898 ] 2 Ch . 92 ) . Giving notice on a default summons in the County Court of intention to defend . This was held to be only the equivalent of an appearance in ...
... motion for a receiver in a partnership action ( Zalinoff v . Hammond , [ 1898 ] 2 Ch . 92 ) . Giving notice on a default summons in the County Court of intention to defend . This was held to be only the equivalent of an appearance in ...
Page 100
... motion by the defendant , it was ordered that the action should be stayed till further order , with liberty to apply if no award were made within the time limited ( Kitchen v . Turnbull ( 1871 ) , 20 W. R. 253 ) . Court no power to ...
... motion by the defendant , it was ordered that the action should be stayed till further order , with liberty to apply if no award were made within the time limited ( Kitchen v . Turnbull ( 1871 ) , 20 W. R. 253 ) . Court no power to ...
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...