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
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Page xi
... Consolidation Act - " " CHAPTER X. ADVICE TO PLAINTIFFS AND DEFENDANTS — Getting up Case - Advantages of Arbitration over Trials in Court- “ Supple- 63 mentary " and " Rebutting " Evidence - Surprises - CONTENTS . X1.
... Consolidation Act - " " CHAPTER X. ADVICE TO PLAINTIFFS AND DEFENDANTS — Getting up Case - Advantages of Arbitration over Trials in Court- “ Supple- 63 mentary " and " Rebutting " Evidence - Surprises - CONTENTS . X1.
Page xii
... Plaintiff's Case - Value of " Pleadings in Law Suit - CON- CLUSION - Review of Contents APPENDIX .. ARBITRATION ACT STATUTES REARING ON THE QUESTION OF ARBITRATIONS INDEX .. Page 67 73 98 109 .. 111 ARBITRATIONS . CHAPTER I ...
... Plaintiff's Case - Value of " Pleadings in Law Suit - CON- CLUSION - Review of Contents APPENDIX .. ARBITRATION ACT STATUTES REARING ON THE QUESTION OF ARBITRATIONS INDEX .. Page 67 73 98 109 .. 111 ARBITRATIONS . CHAPTER I ...
Page 3
... plaintiff , than for the judge to suggest that it is really a matter for arbitration . Usually , after this ex- pression of opinion from the Bench , the case is at once referred , and the arbitrator not unfrequently nominated by the ...
... plaintiff , than for the judge to suggest that it is really a matter for arbitration . Usually , after this ex- pression of opinion from the Bench , the case is at once referred , and the arbitrator not unfrequently nominated by the ...
Page 4
... plaintiff will accept such agreement in satisfaction of all damage in respect of certain other matters , and a reference thereon . " This could be pleaded as satisfaction to an action in respect of the last - mentioned matters . If ...
... plaintiff will accept such agreement in satisfaction of all damage in respect of certain other matters , and a reference thereon . " This could be pleaded as satisfaction to an action in respect of the last - mentioned matters . If ...
Page 13
... will of his co - plaintiffs or co - defendants . Great inconvenience and injustice having , however , frequently arisen from this state of affairs , it was enacted by section 39 of the above - mentioned Act ( ARBITRATIONS . 13.
... will of his co - plaintiffs or co - defendants . Great inconvenience and injustice having , however , frequently arisen from this state of affairs , it was enacted by section 39 of the above - mentioned Act ( ARBITRATIONS . 13.
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.