CONTENTS.

CHAPTER I.

INTRODUCTION-The Age of Arbitration-Arbitration now used in Settlement of all Classes of Disputes-What Architectural Profession has done to qualify its Members as ArbitratorsPaper read at Institute of Architects-Objects of present Volume -Tabulation-How ARBITRATIONS MAY ARISE-By Order of Judge or Court-Under Special Act-By Consent of PartiesArbitration pending formerly no Bar to Suit-ExceptionsWHAT MATTERS MAY BE SUBMITTED TO ARBITRATION-TABLE I. -Future Differences-When Subject-matter Illegal-When Railway abandoned-Masters and Workmen-WHO MAY REFER -TABLE II.-Third Party-Consent precluding ObjectionExample Attorney's Acts binding on Client-Not so those of Confidential Clerk-Effect of Submission by BankruptSavings Banks-Friendly and Building Societies

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CHAPTER II.

OF THE SUBMISSION-Form of Submission-Parties must intend to be bound by Decision-Submission in Writing-Submission must include all Matters to be referred-Form of Submission under Act-Reference on "Usual Terms "-Submission must refer to same Matters in Mind of each Party-Should be left with Arbitrator-Courts cannot amend Agreement of Reference-Consequence of Error in drawing same

CHAPTER III.

OF REVOCATION-Formerly might be made by either Party with-

out Leave-Reason-Consequent Inconvenience-Leave of

Court required for Revocation-Court may revoke if Arbi-

tration improperly obtained-Cases tried since Introduction

of Act ..

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CHAPTER IV.

WHO MAY BE ARBITRATOR-Class sometimes specified by Statute

-Masters and Workmen-Why Barristers usually appointed

-Liability of Award by Lay Arbitrator to be set aside-

Qualifications of Arbitrator-Must be indifferent-Lunatics

and Infants-Debtor or Creditor of Party-Secret Interest-

Bad Feeling-Bias or Prejudice-Private Arrangement-

Arbitrator must be incorrupt-Buying up Claims-Architect

as Arbitrator between Builder and Client-Arbitrator in own

Case-TABLE III.-METHOD OF APPOINTMENT-Regulated by

Submission-Acceptance necessary to perfect Appointment-

Where Arbitrators and Umpire employed, Former cannot act

until Latter appointed-Must not be chosen by "tossing-up"

-RULES FOR GUIDANCE OF ARBITRATOR-Must endeavour to

do as Tribunal would have done-Must look carefully to Sub-

mission-Arbitrator not always bound by strict Rules of

Practice May allow Interest-May even disregard the strict

Law-Limits of Time for admission of Matters-Claims

arising after Date of Writ-Examples-DURATION OF ARBI-

TRATION-Award may be made on Date of Submission-Time

allowed under Arbitration Act-How Time may be extended

-Where Two Arbitrators and Umpire, Duty of Latter if

Former do not award within proper Time-By Lands Clauses

Consolidation Act, Two Arbitrators must award within Twenty-

one Days-OF ENLARGEMENT-Arbitrator cannot extend Time

named unless under special Power-Form of Enlargement-

When Arbitrator not limited to one Enlargement-Under Lands

Clauses Consolidation Act, Two Arbitrators may enlarge Time

to Three Months-Extention by Consent-Attendances when

no proper Enlargement-Power of Courts to enlarge Time-

Difference between same and that of Arbitrator-TABLE IV.—

Arbitrator's Powers as to Limits of Arbitration..

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CHAPTER V.

POWERS OF THE ARBITRATOR-As to naming Time and Place-

Where several Parties, Arbitrator no Authority till all have

executed Submission-Arbitrator may revoke Appointment

when made-Arbitrator may insist on Party's Attendance,

though inconvenient-Intention to employ Counsel should be

notified-Proceedings should resemble Trial in Court-Arbi-

trator may refuse to hear Counsel-May refuse to allow Assist-

ance of skilled Stranger-Must not receive Evidence in

Absence of opposite Party-Must not exclude Persons desired

by Party without Justification-May take Evidence at House

of Witness unable to attend-Briefs sometimes left with Arbi-

trator before Hearing — Advantages of this Course- Under

certain Acts, Arbitrator must make Declaration-Arbitrator

must not close Proceedings hastily-Must give Party Time to

go into Case, even after unnecessary Delay-Also to investigate

unexpected Case-Should take Written Notes-Has power to

call for all Books and Papers-Must not receive Private Com-

munications from either Side-Danger of so doing-Irregu

larities of Arbitrator may be condoned by Parties-When

Arbitrator may proceed ex parte-When Arbitrator in Doubt as

to Admissibility of Evidence-Arbitrator not confined to

Evidence on Matters submitted-Arbitrator may apply to Court

for Advice-Arbitrator's Powers of Amending Errors in Record

-Arbitrator must not delegate Duties-May take Opinions--

Lay Arbitrator must not employ Solicitor to sit with and advise

him if objected to-Lay Arbitrators must not surrender their

Opinions to that of Legal Arbitrator

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CHAPTER VI.

OF JOINT ARBITRATORS AND UMPIRES-Provisions of New Arbi-

tration Act-Appointment of Umpire must be signed by both

Arbitrators together-Joint Arbitrators must form their own

Opinions independently-Should not be too stubborn-Acts of

Joint Arbitrators invalid unless done in concert-If Third

Person to be appointed, all Acts of Joint Arbitrators invalid

until Appointment made-UMPIRE, properly so called-Some-

times named in Submission-Must decide on all Points, if on

any-Provisions of various Acts as to Umpires-Commence-

ment and Limit of Time for making Award by Umpire-

Provisions of Lands Clauses Consolidation Act in event of

Umpire failing to make Award-Method of Procedure under

Metropolitan Building Act-Umpire must not take Evidence

from Notes of Arbitrators-Sometimes sits with Arbitrators—

If so, must not interfere with them

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CHAPTER VII.

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OF EVIDENCE-Matters may be admitted "by Arrangement”—

Proof must be as strict as in Courts of Law-Dangers of Irre-

gularity-Surveyors v. Lawyers as Arbitrators-Evidence on

Oath-Act referring to same Form of Oath- Arbitrator's

Discretion as to Quantity of Evidence - Witnesses must be

distinctly tendered Evidence must be heard - Effect of

Hearing one Side only-Lord Eldon's Opinion—Skilled Arbi-

trator may dispense with certain Evidence-View of Premises

optional with Arbitrator unless expressed-Arbitrator must

not require certain Evidence, and then make Award without

Hearing it-Arbitrator must not Award without Hearing Evi-

dence "Secondary" Evidence- Hearsay"-- Copies of

Letters-Replies to Letters-Post-marks as evidence of Time

of Posting - Handwriting proved by comparison-By Wit-

Plans proved from actual Survey - Figuring and

Scales Dangers from Inaccuracy - Deeds, how to prove—

Wills Warrants of Attorney - Stamping - Counterparts-

Verbal Evidence of Contents of Document-Entries in Books,

how proved-May not be used by Party, but by Opponent―

Receipts-Evidence by Attorney as to Communications with

Evidence by Arbitrator Surveyor may refer to

Memoranda-Disbeliever in Eternity — TABLE V.-Rules as

to Evidence-"Leading" Questions-Direct Evidence-Ex-

amination Cross-examination-Re-examination- Protection

of Witnesses-Irrelevant Questions-Best mode of checking

Counsel

nesses

Client

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CHAPTER VIII.

OF THE AWARD Must be governed by Submission - Verbal

Awards Award usually in Writing and Stamped - Provi-

sions as to Awards under Lands and Railways Clauses Conso-

lidation Acts, and Railway Companies Arbitration Act-When

Award to be published by a certain Day-How Publication

to be made-When more than one Arbitrator-Application

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