Arbitrations: a Text-book for Surveyors: In Tabulated Form. Rev. in Accordance with the New Arbitration Act, and Giving Such Act in FullB.T. Batsford, 1893 - 119 pages |
From inside the book
Results 1-5 of 17
Page vii
... must refer to same Matters in Mind of each Party - Should be left with Arbitrator - Courts cannot amend Agreement of Refer- ence - Consequence of Error in drawing same 9 CHAPTER III . OF REVOCATION - Formerly might be made.
... must refer to same Matters in Mind of each Party - Should be left with Arbitrator - Courts cannot amend Agreement of Refer- ence - Consequence of Error in drawing same 9 CHAPTER III . OF REVOCATION - Formerly might be made.
Page 4
... agreement that " in consideration of the defendant consenting to refer matters in dispute in an action , the plaintiff will accept such agreement in satisfaction of all damage in respect of certain other matters , and a reference ...
... agreement that " in consideration of the defendant consenting to refer matters in dispute in an action , the plaintiff will accept such agreement in satisfaction of all damage in respect of certain other matters , and a reference ...
Page 5
... agreement to refer between two companies may be pleaded as a bar to a suit . I think the portion of our subject which it will be con- venient to consider next is : " What matters are those which are most likely to be submitted to ...
... agreement to refer between two companies may be pleaded as a bar to a suit . I think the portion of our subject which it will be con- venient to consider next is : " What matters are those which are most likely to be submitted to ...
Page 9
... AGREEMENT OF REFERENCE - CONSEQUENCE OF ERROR IN DRAWING SAME . E have now seen what matters may be submitted to We venture to think it is not nearly so large as it will be in a few years ' time . We have also seen who are the parties ...
... AGREEMENT OF REFERENCE - CONSEQUENCE OF ERROR IN DRAWING SAME . E have now seen what matters may be submitted to We venture to think it is not nearly so large as it will be in a few years ' time . We have also seen who are the parties ...
Page 11
... agreement , deed , or in whatever manner , it is of the highest impor- tance that the same matter should be referred to by both parties , and hence the desirability that the submission should not only be in writing , but that it should ...
... agreement , deed , or in whatever manner , it is of the highest impor- tance that the same matter should be referred to by both parties , and hence the desirability that the submission should not only be in writing , but that it should ...
Other editions - View all
Arbitrations: A Text-Book for Surveyors: In Tabulated Form. REV. in ... Banister Fletcher No preview available - 2018 |
Arbitrations: A Text-Book for Surveyors: In Tabulated Form. Rev. in ... Banister Fletcher No preview available - 2023 |
Arbitrations: A Text-Book for Surveyors: In Tabulated Form. Rev. in ... Banister Fletcher No preview available - 2023 |
Common terms and phrases
53 Vict A. B. and C. D. Act certain provisions Acts of Parliament aforesaid agree application appoint an arbitrator appoint an umpire arbi arbitrators may appoint arbitrators or umpire arising attorney award in writing Baring Brothers bonds cause or matter Clauses Consolidation Act Commencement compensation contrary intention costs decision deed document Duke of Cornwall enacted enlarge evidence hereby inserted in Acts intended invalid joint arbitrators judge jury lands and tenements Lands Clauses Consolidation masters and workmen matters in difference matters in dispute matters referred Messrs Metropolitan Buildings Nisi Prius notice in writing official or special official referee order of reference paid parties person claiming plaintiff proceedings pursuance question referee or arbitrator reference and award References under Order refuses to act respect revocation revoked Rules of Court schedule single arbitrator special referee subpoena ad testificandum subpoena duces tecum surveyor thereof third arbitrator tion trators whereas Wiedemüller witnesses
Popular passages
Page 44 - If the appointment is not made within seven clear days after the service of the notice, the Court or a Judge may, on application by the party who gave the notice, appoint an arbitrator, umpire, or third arbitrator, who shall have the like powers to act in the reference and make an award as if he had been appointed by consent of all parties.
Page 104 - 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, legil proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings...
Page 17 - 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 105 - If an appointed arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied...
Page 68 - All the costs of any such arbitration and incident thereto, to be settled by the arbitrators, shall be borne by the promoters of the undertaking, unless the arbitrators shall award the same or a less sum than shall have been offered by the promoters of the undertaking, in which case each party shall bear his own costs incident to the arbitration, and the costs of the arbitrators shall be borne by the parties in equal proportions.
Page 12 - If the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award.
Page 18 - Referee or arbitrator shall be deemed to be an officer of the Court, and shall have such authority, and shall conduct the reference in such manner, as may be prescribed by rules of court, and subject thereto as the Court or a Judge may direct.
Page 8 - 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...
Page 107 - L writ to produce any document which he could not be compelled to produce on the trial of an action.