 ... 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...  Journal of the American Judicature Society - Page 45by American Judicature Society - 1917Full view - About this book
 | South Australia - 1891 - 290 lehte
...there is no sufficient reason why the matter should not be A— BIO referred Arbitration Act. — 1891. referred in accordance with the submission, and that...arbitration, may make an order staying the proceedings. Power for the Court 4. In any of the following cases — 22J£J "£wnitor' (a) Where a submission provides... | |
 | 1894 - 1486 lehte
...have always been, and still remain, ready and willing to have the dispute settled by arbitration, and to do all things necessary to the proper conduct of the arbitration." The pursuers admitted that they refused to appoint an arbiter, but explained " that the present dispute... | |
 | Joshua Slater - 1886 - 298 lehte
...party to the submission, where there or any person claiming through or under him in respect ls.a ?ub" of any matter agreed to be referred, any party to...arbitration, may make an order staying the proceedings. 5. In any of the following cases : — Power for. the court m (a.) Where a submission provides that... | |
 | 1889 - 202 lehte
...the proceedings, apply to that court to stsy the proceedings, and that court or a judge thereof is satisfied that there is no sufficient reason why the...arbitration, may make an order staying the proceedings. 5. Power for the court in certain cases to appoint an arbitrator, umpire, or third arbitrator. —... | |
 | Francis Russell, Herbert Russell - 1891 - 1044 lehte
...pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, asd that court or a judge thereof if satisfied that there...arbitration, may make an order staying the proceedings. S. 6. In any of the following cases:— Power for the (a.) Where a submission provides that the reference... | |
 | Sir Henry Wilmot Seton - 1891 - 1018 lehte
...Bustros v. Lenders, LR 6 CP 259. As to the meaning of the requirement that the applicant sheuld "be readv and willing to do all things necessary to the proper conduct of the reference, ' and that he must be ready to refer the whele matter, see Davis v. Starr, 41 Ch. Div. 247.... | |
 | Thomas Brett - 1891 - 822 lehte
...the proceedings were commenced, and still remains, ready and willing to do all things necessary <o the proper conduct of the arbitration, may make an order staying the proceedings. The Court has also power in certain cases to appoint an arbitrator, umpire, or third arbitrator. The... | |
 | Banister Fletcher - 1893 - 156 lehte
...Court would, on application, stay proceedings in any action commenced contrary to such stipulation. " If any party to a submission, or any person claiming...of the arbitration, may make an order staying the proDnder the Eailway Companies Arbitration Act, 1859 (22 & 33 Viet., o. 59), an agreement to refer... | |
 | James Moriarty, New South Wales - 1893 - 96 lehte
...proceedings are pending, and to that Court; the affidavit of applicant must show that he was at all times ready and willing to do all things necessary to the proper conduct of the proceedings and his readiness and willingness to refer. [Gillett v. Thornton.] (3) Before plea or any... | |
 | Eugene Leggett - 1894 - 778 lehte
.... . where there is against any other party to the submission, or any person claiming a 8Ubmission. through or under him, in respect of any matter agreed...arbitration, may make an order staying the proceedings. 5. In any of the following cases : — Power for the (a.) Where a submission provides that the reference... | |
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