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 21
... unless he can prove that the other contracting party knew him to be so insane as not to be capable of understanding what he was about ( Imperial Loan Co. v . Stone , [ 1892 ] 1 Q. B. 599 ; and see Molton v . Camroux ( 1849 ) 4 Ex . 17 ) ...
... unless he can prove that the other contracting party knew him to be so insane as not to be capable of understanding what he was about ( Imperial Loan Co. v . Stone , [ 1892 ] 1 Q. B. 599 ; and see Molton v . Camroux ( 1849 ) 4 Ex . 17 ) ...
Page 22
... unless the partner so acting has in fact no authority to act for the firm in the particular matter , and the person with whom he is dealing either knows that he has no authority , or does not know or believe him to be a partner . " And ...
... unless the partner so acting has in fact no authority to act for the firm in the particular matter , and the person with whom he is dealing either knows that he has no authority , or does not know or believe him to be a partner . " And ...
Page 32
... unless given with the sanction of the Lord Chancellor or Lords Justices sitting in Lunacy . " This rule would seem to be applicable to a consent to a reference of the cause or matter . It would seem that the committee cannot bind the ...
... unless given with the sanction of the Lord Chancellor or Lords Justices sitting in Lunacy . " This rule would seem to be applicable to a consent to a reference of the cause or matter . It would seem that the committee cannot bind the ...
Page 44
... unless a contrary intention appears . therein . The power of the Court , however , to refer compulsorily to arbitration has not been re - enacted in the Arbitration Act . RULES OF CONSTRUCTION . Being a statute of consolidation and ...
... unless a contrary intention appears . therein . The power of the Court , however , to refer compulsorily to arbitration has not been re - enacted in the Arbitration Act . RULES OF CONSTRUCTION . Being a statute of consolidation and ...
Page 45
... Unless a contrary intention is expressed therein . " Not necessary to provide that Arbitration Act shall apply . 4. Considerations affecting the grant of leave to revoke . Whether the arbitrator will obey the directions of the Court ...
... Unless a contrary intention is expressed therein . " Not necessary to provide that Arbitration Act shall apply . 4. Considerations affecting the grant of leave to revoke . Whether the arbitrator will obey the directions of the Court ...
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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 Building Society cause or matter charter-party claim Common Law Procedure consent contract costs Court of Appeal Croydon Canal damages day of 19 decide decision defendant Den of Airlie direct discretion enforce enlarge evidence exercise fact functus officio ground Held Illustration Insurance judge judgment Judicature Act jurisdiction King's Bench Division L. J. Ch L. J. Ex Law Procedure Act leave to revoke Lord Lord Esher matters in difference matters in dispute matters referred misconduct official referee opinion order of reference Order XXXVI parties partners partnership person plaintiff proceedings question of law Railway referred to arbitration remit the award respect rule of Court Schedule solicitor special referee statute stay submission to arbitration submitted third arbitrator trial unless 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...