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

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Stevens and sons, limited, 1891 - 958 pages
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Contents

Revocation by leave of the court
12
Power of the arbitrator to make or decline to make
13
CHAPTER II
15
How AWARDS ARE REFERRED BACK
22
CLAUSES IN SUBMISSIONS continued
30
OF SUBMISSIONS IN GENERAL
40
OF AN AGREEMENT IN THE SUBMISSION NOT
68
award
71
Revocation when prohibited without leave of court
75
19
78
22
86
defendant to pay sum in full of all demands in
95
52
97
Other submissions by statute
103
Certificate cause fit to be tried before a judge
105
The Power and Duty of the Arbitrator
109
OF THE PRINCIPLES BY WHICH THE ARBITRATOR
117
CHAPTER II
123
35
128
OF THE SUBJECT MATTERS WHETHER JOINT
131
THE DURATION OF THE ARBITRATORS
136
37
137
WITHIN WHAT PERIOD THE MOTION TO SET ASIDE
138
_ENLARGING THE TIME FOR MAKING THE AWARD
143
3
151
OF SUBMISSIONS BY PAROL AGREEMENT IN WRITING
152
Revocation in equity at the will of a party
161
MATTERS AFFECTING THE CIVIL INTERESTS OF
171
Enforcing the attendance of witnesses
178
Duty of the arbitrator to hear the evidence
185
Duty of the arbitrator to receive no evidence unless both
191
Duty of the arbitrator in deciding points of evidence
199
498
201
Closing the case
205
OF THE DUTY OF JOINT ARBITRATORS
214
When the arbitrators should appoint the umpire
228
Power and duty of the umpire
242
reference
246
THE AWARD MUST BE MUTUAL
296
Civil rights of the parties
303
Court
322
THE DUTY OF THE ARBITRATOR IN AWARDING
336
of a stet processus
337
CHAPTER VII
373
Effect of the award when costs abide the event
397
_UP TO WHAT DATE MATTERS IN DIFFERENCE
404
of verdict for plaintiff with certificate for speedy
409
Directions as to payment of interest
420
on partnership accounts
421
Directions as to executing releases
427
Effect of an award on a party bankrupt
526
Should not specify in the award amount of his
534
THE AWARD AS A GROUND OF ACTION
539
Cause referred up to date of writ
544
PERSONS EMPOWERED TO REFER BY STATUTE
545
THE EFFECT OF AN AWARD PLEADED AS A DEFENCE
546
635
551
EFFECT OF AN AWARD IN EVIDENCE
553
THE AWARD AS A GROUND IN OLD TIMES
562
ENFORCING AN AWARD BY SUMMARY PROCEEDINGS
574
9
581
IN WHAT CASES AN ATTACHMENT WILL BE GRANTED
586
640
589
Sect II STEPS NECESSARY TO BRING THE PARTY INTO Con
595
THE COURSE OF THE MOTION FOR AN ATTACHMENT
602
CHAPTER VII
618
ENTERING THE VERDICT PURSUANT TO THE AWARD
632
SIGNING JUDGMENT PURSUANT TO THE AWARD
645
CHAPTER IX
652
FOR WHAT CAUSES AN AWARD MAY BE SET ASIDE
664
87
668
MOVING TO SET ASIDE AN AWARD
676
OPPOSING THE MOTION TO SET ASIDE AN AWARD
685
Costs of the motion to set aside the award
690
CHAPTER XI
697
EFFECT OF THE FAILURE OF THE REFERENCE
706
OF THE POWER AND DUTY OF THE ARBITRATOR WHEN
721
IV
727
Order of reference under s 13
734
XXII
739
XXIX
745
Appointment for a meeting in the reference
752
366
766
Report of referee under s 13 of the Arbitration Act
779
Power of attorney to demand money and costs awarded
786
For full List of Statutes see p
793
57
808
Railways
809
Joint Stock Companies
821
Benefit Building Societies
827
Housing of the Working Classes
833
Coal Mines
839
213
843
OF AWARDING ON AN ACTION IN EQUITY
849
214
850
389
886
IN WHAT CASES CHANCERY HAS JURISDICTION TO
897
XXXIV
936
MATTERS OF A CRIMINAL NATURE
947
66
953

Common terms and phrases

Popular passages

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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