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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 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.
case in which an amount or value is the matter in
In India1 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
When such amount or value exceeds Rs. 50 but does not exceed Rs. 100 ...
Rs. 0 2 0
And for every Rs. 100 or part thereof in excess of Rs. 100 up to Rs. 1,000 ...
In any other case
1 Act 1 of 1879, Sch. 1, Arts. 10 & 13.
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.
3. Where a submission provides that the reference shall be to an official referee, any official referee to whom application is made 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 :
(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:
Submission to be irrevocable, effect as an
and to have
order of Court.
Provisions implied in
Reference to official referee.
Power to stay proceedings
where there is a submission.
Power for the Court in certain cases to appoint an arbitrator,
(b.) If an appointed arbitrator refuses to act, or is incapable of umpire, or 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
parties in certain cases to supply vacancy.
Powers of arbitrator.
Witnesses may be summoned by subpoena.
enlarge time for making award.
show that it was intended, that the vacancy 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.
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 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 or a Judge may set aside any appointment made in pursuance of this 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.
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.
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.
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.
11. (1)-Where an arbitrator or umpire has misconducted him- Power to set self, 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.
12. An award on a submission may, by leave of the Court or a Enforcing Judge, be enforced in the same manner as a judgment or order to award. the same effect.
18. (1) The Court or a Judge may order that a writ of subpoena Power to 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.
(2.) The Court or a Judge may also order that a writ of habeas corpus ad testificandum shall issue to bring up a prisoner for examination before an official or special referee, or before any arbitrator or umpire.
19. Any referee, arbitrator, or umpire may at any stage of the proceedings under 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.
witness in any part of the United Kingdom, and to order habeas corpus to issue.
Statement of case pending arbitration.
20. Any order made under this Act may be made on such terms Costs. as to costs, or otherwise, as the authority making the order thinks
22. Any person who wilfully and corruptly gives false evidence Penalty for before any referee, arbitrator, or umpire, shall be guilty of perjury, perjury. as if the evidence had been given in open Court, and may be dealt with, prosecuted, and punished accordingly.
24. This Act shall apply to every arbitration under any Act Application of passed before or after the commencement of this Act as if the arbi- Act to tration were pursuant to a submission, except in so far as this Act is inconsistent with the Act regulating the arbitration or with any statutory rules or procedure authorised or recognised by that Act.
27. In this Act, unless the contrary intention appears,-" Sub- Definitions. mission" means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein