A Treatise on the Power and Duty of an Arbitrator, and the Law of Submissions and Awards; with an Appendix of Forms, and of the Statutes Relating to Arbitration

Front Cover
Stevens and sons, limited, 1891 - 958 pages

From inside the book

Contents

Revocation by the refusal to act or death of the arbitrator 164
19
340
20
PERSONS NOT INTERESTED IN THE SUBJECT MATTERS
23
Costs as between solicitor and client
30
CHAPTER III
40
OF SUBMISSIONS BY PAROL AGREEMENT IN WRITING
52
THE DUTY OF THE ARBITRATOR IN FORMING
55
342
61
Effect in equity of an agreement to refer future disputes
64
OF SUBMISSIONS MADE IN A CAUSE AT
71
Setting aside a submission made in a cause
77
Submission in a cause a stay of proceedings
84
Reference for inquiry and report
88
Referee how to report and find
94
52
97
350
99
OF PROCEEDINGS ON THE SUBMISSION WHEN
106
The Power and Duty of the Arbitrator
109
OF THE PRINCIPLES BY WHICH THE ARBITRATOR
117
THE DURATION OF THE ARBITRATORS
136
OF THE FORMAL REQUISITES OF THE AWARD
138
refusal or incapacity
165
CHAPTER IV
171
Appeal against referees finding
176
223
184
52
190
Duty of the arbitrator to receive no evidence unless both
191
When arbitrator empowered to proceed ex parte
197
When arbitrator about to award wrongly
206
Power of the arbitrator to delegate a ministerial
213
OF THE UMPIRE
223
Publishing the award
249
225
267
Effect of awarding mutual releases
269
Conditional award
277
Award reserving or delegating ministerial duty
283
Certainty as to the amount awarded
288
Certainty as to general directions
294
228
298
THE AWARD MUST BE POSSIBLE AND CONSISTENT
300
Limit under the Arbitration Act 1889
318
ENFORCING THE AWARD BY PROCEEDINGS
323
Award of a stet processus
338
OF AWARDING AN ENTRY OF A VERDICT
350
OF THE DUTY OF THE ARBITRATOR IN AWARDING
356
OF AWARDING JUDGMENT
362
136
372
Power to enlarge time
373
496
375
What are costs of the cause reference and award
377
23
380
213
391
TAXING THE COSTS OF THE CAUSE
392
CHAPTER VIII
409
Affecting married women or strangers
415
OF DIRECTIONS UNDER A POWER TO AWARD WHAT
430
Admission of assets by referring
446
137
468
214
473
THE AWARD AS A GROUND OF ACTION
539
138
545
THE EFFECT OF AN AWARD PLEADED AS A DEFENCE
546
300
549
EFFECT OF AN AWARD IN EVIDENCE
553
on a submission by rule of court
554
PLEADING AN AWARD IN BAR TO AN ACTION IN EQUITY
570
ENLARGING THE TIME FOR MAKING THE AWARD
582
MAKING A SUBMISSION UNDER THE LANDS CLAUSES
584
Public officer
591
Under the Arbitration Act 1889
592
No proceeding by attachment and action at the same time
594
THE COURSE OF THE MOTION FOR AN ATTACHMENT
602
SECT III
630
301
660
362
670
Arbitrators cannot go beyond claim but should award
679
Arbitrator not to try title but to assume
692
WHAT THE MODES OF PROCEEDING TO SET ASIDE
701
452
705
21
720
Evidence taken by one arbitrator may be acted on by both
722
partners
728
XVI
735
cretion
736
XXIX
745
PAGE
752
LIX
758
Submission by bond
763
37
769
Report of referee under s 13 of the Arbitration Act
779
Power of attorney to demand money and costs awarded
786
54
793
Act 1889
794
INDEX
843
OVER WHAT MATTERS THE SUBMISSION GIVES
851
Under the Lands and Railways Clauses Acts
853
Duty of the arbitrator in deciding points of evidence
854
Effect of extrinsic statements by the arbitrator showing
858
Duty of arbitrator as to hearing evidence
860
THE AWARD THOUGH BAD IN PART When Good
870
453
872
363
877
232
883
Duty of the arbitrator in awarding costs
885
CHAPTER XI
890
RULE TO PAY THE AMOUNT AWARDED
900
giving damages in the cause
901
672
904
Directing payment to wife only
905
OF THE ARBITRATORS RIGHT TO REMUNERATION
908
584
911
Promoters may contest existence of damage
912
When to sit continuously
916
Fees on award under the Lands Clauses
926
Enlargement of time by the courts of
931
Matters concerning personal chattels or personal wrongs
947
85
948

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Page 46 - ... 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...
Page 818 - that, if any party shall be entitled to any compensation in respect of any lands, or of any interest therein, which shall have been taken for or injuriously affected by the execution of the works, and for which the promoters of the undertaking shall not have made satisfaction...
Page 67 - 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 804 - ... 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.
Page 378 - ... the costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid...
Page 66 - 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...
Page 318 - 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.
Page 793 - ... satisfied that there is no sufficient reason why the matter should not be referred in accordance with the agreement, 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.
Page 818 - ... and unless the promoters of the undertaking be willing to pay the amount of compensation so claimed, and...
Page 823 - If the arbitrators fail to make their award within twenty-one days after the day on which the last of them was appointed, or within such extended time (if any) as may have been...

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