EXTRACT FROM THE PREFACE TO THE FIRST EDITION. THE present treatise is divided into three parts. In the second, or principal part, the author has endeavoured to set forth an exposition of the law of arbitration, so far as it concerns the arbitrator's powers and duties, and to arrange it so as to show him how he may best exercise the one and perform the other. It treats also of the privileges and liabilities of an arbitrator. To these objects the inquiry was originally intended to have been confined; but as the arbitrator's functions vary materially with the varying terms of the submission to reference, it was found incumbent to enter into a more detailed investigation respecting the submission: and the result of that research, so far as it primarily affects other parties than the arbitrator, has been prefixed in the first or preliminary part, in the hope of assisting parties to select that mode of arbitration best suited to their particular circumstances. The third part, respecting the effect of awards, and the modes of enforcing and setting them aside, was added from a desire to make the work in a measure complete as a treatise on awards, as well as on arbitrators. Unfortunately, this part of the subject has far exceeded the contemplated limits. A variety of Precedents and of Forms of Proceedings relating to Arbitration has been subjoined in the Appendix of Forms. In this Appendix, for the sake of convenient perusal and selection, a large number of clauses capable of being bene ficially introduced into submissions is collected together under Form I.* so with regard to awards, clauses showing the modes of awarding on a great variety of matters, are all comprised under Form LXXIII.† the first under the head of awards. There are also contained forms for proceedings as to references respecting the compensation to be paid to persons whose lands are taken under the authority of Parliament for the purposes of a Railway or other Public Undertaking. For many forms in the Appendix the Author has to express himself indebted to the kindness of legal friends, and to the courtesy of the officers of the courts of law, and more particularly of Mr. Hill and Mr. Kemp, of the Rule Office of the Court of Queen's Bench; and he wishes especially to acknowledge his obligations to Mr. P. W. Rogers, of the Registrar's Office of the Court of Chancery, for affording him much valuable information on points of Chancery practice, and for furnishing him with various forms used in Chancery in proceedings connected with arbitrations. Recent legislation having so widely enlarged the field of arbitration, especially by means of the Lands Clauses Consolidation Act, 1845, the Railways Clauses Consolidation Act, 1845, the Companies Clauses Consolidation Act, 1845, and the Public Health Act, it has been thought advisable to add, in a further Appendix, the arbitration clauses of those Acts, and the other principal Statutes and sections of Statutes relating to Arbitration. CONTENTS OF THE TREATISE. 2. Matters referred under the Arbitration Act, 1889 3. Matters referred under other Statutes 11 SECT. I.—OF SUBMISSIONS IN GENERAL 1. General qualities of a submission. 2. What is a reference to arbitration . |