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 ArbitrationStevens and sons, limited, 1891 - 958 pages |
From inside the book
Results 1-5 of 65
Page 13
... justice , and against the Le Blanc , J. , had relied on the distinction , that the prosecu- Act . tion was for a public misdemeanor , and not for any private injury to the prosecutor ( 1 ) . for assault . In cases of ordinary assaults ...
... justice , and against the Le Blanc , J. , had relied on the distinction , that the prosecu- Act . tion was for a public misdemeanor , and not for any private injury to the prosecutor ( 1 ) . for assault . In cases of ordinary assaults ...
Page 65
... justice to all parties , a court of equity would not interpose until the prescribed step of an arbitration had been taken , and proved unavailing ( m ) . If , after a covenant to refer , one party brought an action , No ground for ...
... justice to all parties , a court of equity would not interpose until the prescribed step of an arbitration had been taken , and proved unavailing ( m ) . If , after a covenant to refer , one party brought an action , No ground for ...
Page 76
... Justice . The order used to direct that the parties and witnesses should be examined on oath ; but the latest form in use omits that stipulation . The parties agree also to produce all documents relating to the matters referred . They ...
... Justice . The order used to direct that the parties and witnesses should be examined on oath ; but the latest form in use omits that stipulation . The parties agree also to produce all documents relating to the matters referred . They ...
Page 83
... justice to allow the plaintiff to amend his replication so as to traverse all the allegations in the plea ; the court refused the application , on the ground that the verdict had been taken on a particular issue by consent , and that ...
... justice to allow the plaintiff to amend his replication so as to traverse all the allegations in the plea ; the court refused the application , on the ground that the verdict had been taken on a particular issue by consent , and that ...
Page 93
... Justice . They have to perform the duty of trying or reporting on the questions referred to them . The following Rules of Court of December , 1888 , apply to them : - Order XXXVI . r . 45. “ When an order is made referring Distribution ...
... Justice . They have to perform the duty of trying or reporting on the questions referred to them . The following Rules of Court of December , 1888 , apply to them : - Order XXXVI . r . 45. “ When an order is made referring Distribution ...
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Other editions - View all
TREATISE ON THE POWER & DUTY O Francis 1816-1891 Russell,Herbert 1852 Russell No preview available - 2016 |
Common terms and phrases
53 Vict 9 Vict abide the event action affidavit agreed agreement allocatur amount application appoint an arbitrator arbi Arbitration Act arbitrator's attachment attorney authority Bing Caledonian Rail certificate Chancery Chancery Division claim Clauses Consolidation Act Common Law Procedure compensation consent costs Court of Chancery court of equity damages debt decided decision defendant determine dispute enforce enlarge entered entitled equity evidence execution executor ground issue judge judge's order judgment Judicature Acts jury L. J. Ch L. J. Ex Lands Clauses Consolidation Law Procedure Act Lord matters in difference matters referred ment motion Nisi Prius North Staffordshire Railway notice official referee order of Nisi order of reference paid party payment person plaintiff plea proceedings provisions Quarter Sessions Queen's Bench Queen's Bench Division question Rail railway company refused respecting revocation rule of court statute submission suit Taunt tion trator umpire verdict void
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...