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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





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

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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


Submission-Acceptance necessary to perfect Appointment-

Where Arbitrators and Umpire employed, Former cannot act

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


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..

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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