a perfectly unbiased mind, he must act judicially, and not arbitrarily or capriciously, and must confine himself to the matter referred to him, else his award may be set aside by a Court of Law for excess of jurisdiction. He cannot widen the scope of his inquiry.

“In a submission in which the parties have agreed that the decision of the umpire on the matters referred to him shall be final the Court will not inquire whether the conclusion of the umpire on the matters referred to him is right or wrong unless an error appears on the face of the award or unless the umpire himself states that he has made a mistake of law or fact, leaving it to the Court to review his decision. The principle is approved by Parke, B., in Phillips v. Evans on the ground that, although possibly injustice may be done in particular cases, it is better to adhere to the principle of not allowing awards to be set aside for mistakes, and not to open the door for inquiry into the merits, as this might lead to such an inquiry in almost every case. . . When a question of law has not been specifically referred to an umpire, but it is material in the decision of matters which have been referred to him, and he makes a mistake, apparent on the face of the award, an award can be set aside on the ground that it contains an error of law apparent on the face of the award."Per Lord Parmour in Attorney-General for Manitoba v. Kelly, L.R. 1922, 1 A.C. 281–3.

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"It is equally clear that if a specific question of law is submitted to an arbitrator for his decision and he does decide it, the fact that the decision is erroneous does not make the award bad on its face so as to permit of its being set aside. Otherwise it would be futile ever to submit a question of law to an arbitrator."-Per Channell, J., in re King and Dureen, L.R. 1913, 2 K.B. 32, 36.

Whilst, however, arbitrators' awards are not lightly set aside, the Courts do exercise certain powers in regard to them. The arbitrator can be removed if he is guilty of misconduct. Any point of law referred by the arbitrator to the Court must be dealt with.

Often in contracts between corporations on the one hand and companies or private individuals on the other, the Corporation's Engineer is by the agreement of the parties constituted sole arbitrator; sometimes he is arbitrator for limited purposes only. In such cases the Engineer

must be extremely careful to act strictly judicially throughout the whole course of the work, and to take care not to withhold certificates without just cause. The safer way appears to be, whilst giving the Corporation's Engineer power to decide matters during the progress of the work, to appoint an independent person as arbitrator, thereby giving a right of appeal at the conclusion of the contract to such arbitrator. In minor matters, the decision of the Corporation's Engineer might be made final, e.g. as to discrepancies between the specification and the drawings, the dismissal of a workman for incompetency or misconduct, the opening up of certain work concerning which the Engineer is not satisfied. (See The National Form of Building Contract, by W. Valentine Ball, M.A., Barrister-at-Law, and W. H. Hope, Solicitor; Roberts v. Hickman & Co., L.R. 1913, A.C. 229; Bristol Corporation v. John Aird & Co., L.R. 1913, A.C. 241.)

Some statutes prescribe the mode of arbitration. The Workmen's Compensation Act, 1906, provides that if an employer disputes the obligation to pay compensation or the amount, the matter must go to arbitration, the arbitrator being either the County Court Judge or someone appointed by him. Further, Sections 179 and 180 of the Public Health Act, 1875, contain special provisions as to arbitration. The appointment of arbitrator on behalf of the local authority is to be under their common seal, and on behalf of the other party under his hand or if a corporation aggregate, e.g. a company, under their common seal.

Appointments are not revocable without the consent of both parties. Where there is more than one arbitrator, the arbitrators are to appoint an umpire before they enter on the reference. Twenty-one days are allowed the arbitrators for making their award, and this time may be extended, but the award must be made within two months from the submission. The costs of arbitration are in the discretion

of the arbitrators; they may decide how and in what proportions, if any, the costs shall be paid by the parties.

There is a comprehensive measure relating to arbitration, namely, the Arbitration Act, 1889, which contains (inter alia) the following provisions applicable to every arbitration under any Act whether passed before or after 1st January, 1890, so far as they are not inconsistent with the special provisions.

REFERENCES BY CONSENT OUT OF COURT

SECTION 1. A submission (in this Act, unless the contrary intention appears, Submission means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not), unless a contrary intention is expressed therein, shall be irrevocable, except by leave of the Court or a judge, and shall have the same effect in all respects as if it had been made an order of Court.

SECTION 2. A submission, unless a contrary intention is expressed therein, shall be deemed to include the provisions set forth in the First Schedule to this [1889] Act, so far as they are applicable to the reference under the submission.

SECTION 4. 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, apply to that court to stay the proceedings, and that 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, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.

SECTION 5. In any of the following cases

(a) Where a submission provides that the reference shall be to a single arbitrator, and all the parties do not after differences have arisen concur in the appointment of an arbitrator:

(b) 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, and the parties do not supply the vacancy:

(c) Where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator and do not appoint him :

(d) Where an appointed umpire or third arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancies should not be supplied, and the parties or arbitrators do not supply the vacancy :

any party may serve the other parties or the arbitrators, as the case may be, with a written notice to appoint an arbitrator, umpire, or third arbitrator.

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.

SECTION 6. Where a submission provides that the reference shall be to two arbitrators, one to be appointed by each party, then, unless the submission expresses a contrary intention

(a) If either of the appointed arbitrators refuses to act, or is incapable of acting, or dies, the party who appointed him may appoint a new arbitrator in his place:

(b) 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 without 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 or a judge may set aside any appointment made in pursuance of this section.

SECTION 7. The arbitrators or umpire acting under a submission shall, unless the submission expresses a contrary intention, have power

(a) To administer oaths to or take the affirmations of the parties and witnesses appearing; and

(b) to state an award as to the whole or part thereof in the form of a special case for the opinion of the Court; and (c) to correct in an award any clerical mistake or error arising from any accidental slip or omission.

SECTION 8. Any party to a submission may sue out a writ of subpoena ad testificandum, or a writ of subpoena duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.

SECTION 9. The time for making an award may from time to time be enlarged by order of the Court or a judge, whether the time for making the award has expired or not.

SECTION 10. (1) In all cases of reference to arbitration the Court or a judge may from time to time remit the matters referred, or any of them, to the reconsideration of the arbitrators or umpire.

(2) Where an award is remitted, the arbitrators or umpire shall, unless the order otherwise directs, make their award within three months after the date of the order.

SECTION 11. (1) Where an arbitrator or umpire has misconducted himself the Court may remove him.

(2) Where an arbitrator or umpire has misconducted himself, or an arbitration or award has been improperly procured, the Court may set the award aside.

SECTION 18. (1) The Court or a judge may order that a writ of subpoena ad testificandum or of subpoena duces tecum shall issue to compel the attendance before an official or special referee, or before any arbitrator or umpire, of a witness wherever he may be within the United Kingdom.

SECTION 19. Any referee, arbitrator, or umpire may at any stage of the proceedings under a reference, and shall if so directed by the Court or a judge, state in the form of a special case for the opinion of the Court any question of law arising in the course of the reference.

FIRST SCHEDULE.

PROVISIONS TO BE implied IN SUBMISSIONS.

(a) If no other mode of reference is provided, the reference shall be to a single arbitrator.

(b) 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.

(c) The arbitrators shall make their award in writing within three months after entering on the reference, or after having been called on to act by notice in writing from any party to the submission, or on or before any later day to which the arbitrators, by any writing signed by them, may from time to time enlarge the time for making the award.

(d) If the arbitrators have allowed their time or extended time to expire without making an award, or have delivered to any party of the submission, or to the umpire notice in writing, stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators.

(e) The umpire shall make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or on or before any later