parties; but if such an arrangement cannot be made and it be necessary for the arbitrator to make the appointment, he generally gives to the party applying for it a written appointment, specifying the time and place at which the parties and their witnesses are to appear. The arbitrator ought not to fix on too early a day, considering that he must give the parties time to get up their proofs and collect their witnesses; nor, when either party is anxious to press on the case, ought he on light grounds to appoint a distant day, for delay in the decision often causes serious inconvenience to the party entitled to recover, and may amount even to practical injustice.1 The party obtaining the written appointment should serve a copy of it on his opponent without delay, or at least within a reasonable time before the day of meeting. The arbitrator may revoke the appointment he has given if he shall think fit. If from any cause either party find that he will not be able or that it will be very inconvenient for him to attend at the specified time, he should give timely notice of it both to his opponent and to the arbitrator; and the latter will in his discretion either insist on his attendance or put off the meeting and appoint another day.2 It is the duty of a party who intends to employ counsel in the reference to give notice of his inten 1 Russell on Arb., 7th Ed. 172. Eastham v. Tyler, 2 Bail C. R. 136. tion to his opponent previous to the meeting, in order that the latter may, if he please, provide himself with the like assistance. On an occasion where no such notice had been given, and one side appeared by counsel, and the other side complained of the want of notice, and begged for a postponement in consequence with a view to instruct counsel on his part, and the arbitrator refused to put off the meeting, the Court held, that in refusing the request he had not performed his duty of acting fairly between the parties, and consequently annulled the award.1 The arbitrator should hear all the evidence material to the question which the parties choose to lay before him as on a trial before a jury. It has been said that he may exercise some discretion as to the quantity of evidence he will hear, but declining to receive evidence on any matter is under ordinary circumstances, a delicate step to take, for the refusal to receive proof where proof is necessary is fatal to the award.3 The umpire when called upon to act, is in general invested with the same powers as the arbitrators, and bound by the same rules, and has to perform the same duties. He must pursue the same regular course with respect to the conduct of the case as arbitrator. He must examine such witnesses as the parties choose to produce, and as to such points as they choose to raise although the same witnesses Whatley v. Morland, 2 Dow. 249. Nickalls v. Warren, 6 Q. B. 615, 618. have been examined to the same points before the arbitrators. He may not take the evidence, or any part of it, from the notes of the arbitrators, unless there be a special provision in the submission, or a clear agreement between the parties permitting such a course.1 In making his award, the arbitrator must follow the directions of the submission in point of form. In general, but subject of course to the particular provisions of the submission, the arbitrator makes his award in writing, and signs his name at the foot. It is customary to have an attesting witness who may prove the execution. Any form of words that amounts to a decision of the questions referred, will be good as an award. No technical expressions are necessary." The award is usually delivered to the successful party and the arbitrator has a copy made on unstamped paper for the unsuccessful party, which he does not usually sign or execute as an award, neither is it necessary that there should be any introductory recitals, but the arbitrator should be careful to see that his award is a final decision on all matters requiring his determination. By Schedule 1 of 54 & 55 Vict. c. 39, an award in Stamp on England or Ireland, and Award or Decreet Arbitral in Scotland, require the following stamps. In any 1 1 In re Salkeld, 12 A. & E. 767; Jenkins, In re, 1 Dow. N. S. 276; Waltonshaw v. Marshall, 1 H. & W. 209; Matson v. Trower, R. & M. 17. Eardley v. Steer, 4 Dow. 23. Award. case in which an amount or value is the matter in dispute: Where no amount is awarded or the amount or value awarded does not exceed... £ 5 Where the amount or value awarded Exceeds £ 5 and does not exceed 10 In India' an award, that is to say any decision in writing by an arbitrator or umpire on a reference made otherwise than by an order of the Court in the course of a suit, (a.) Where the amount or value of the property to which the award relates, as set forth, in such award does not exceed Rs. 1,000, the same duty as a Bond for such amount, viz : When the amount or value secured does not exceed Rs. 10 When such amount or value exceeds Rs. 10 but does not exceed Rs. 50 Rs. 0 2 0 0 4 0 When such amount or value exceeds Rs. 50 but does not exceed Rs. 100 ... 080 And for every Rs. 100 or part thereof in excess of Rs. 100 up to Rs. 1,000 ... 080 52 & 53 VICT. C. 49. AN ACT FOR AMENDING AND CONSOLIDATING THE ENACTMENTS 1. A submission, 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. 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 Act, so far as they are applicable to the reference under the submission. Submission to be irrevocable, effect as an order of Court. and to have Provisions implied in submissions. Power to stay proceedings where there is a submission. 3. Where a submission provides that the reference shall be to Reference to an official referee, any official referee to whom application is made official referee. shall, subject to any order of the Court or a Judge as to transfer or otherwise, hear and determine the matters agreed to be referred. 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. 5. In any of the following cases:— Power for the Court in certain cases to appoint an arbitrator, umpire, or (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 arbitrator. 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 third |