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

The Crown
39
CONTENTS OF THE APPENDIX OF FORMS SUBMISSIONS
40
SECT I
41
PAGE
45
OF SUBMISSIONS BY PAROL AGREEMENT IN WRITING
52
THE DUTY OF THE ARBITRATOR IN FORMING
55
OF AN AGREEMENT IN THE SUBMISSION NOT
68
Referee to
94
Submission by order of quarter sessions
97
60
99
The Power and Duty of the Arbitrator
109
OF THE DURATION OF THE ARBITRATORS AUTHORITY
136
OF THE FORMAL REQUISITES OF THE AWARD
138
68
141
ENLARGING THE TIME FOR MAKING THE AWARD
143
Revocation by the refusal to act or death of the arbitrator
164
CHAPTER IV
171
Provisions in Arbitration Act for compulsory attendance
179
70
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
71
229
Publishing the award
249
96
252
THE AWARD MUST BE FINAL
261
225
267
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
CHAPTER VI
336
Awarding on the issues since the rules as to costs
342
OF AWARDING AN ENTRY OF A VERDICT
350
OF THE DUTY OF THE ARBITRATOR IN AWARDING
356
OF AWARDING JUDGMENT
362
Appeal against referees finding
370
762
375
The power of the arbitrator over costs
377
23
380
213
391
99
399
When award in a cause at common
415
OF DIRECTIONS UNDER A POWER TO AWARD WHAT
430
Admission of assets by referring
446
Arbitrators cannot go beyond claim but should award
453
Interference with lights
460
No second inquiry if unforeseen damage arises
467
214
473
Offer of compensation by promoters
475
Serving notice of motion to set aside award on arbitrator
504
When the arbitrator is a barrister
510
The Consequences of the Award
513
Effect of an award on some special matters
519
Trustees
524
Effect of an award on a party bankrupt
526
No proceeding by attachment and action at the same time
594
What may be shown for cause against the motion
609
CHAPTER VII
618
Compulsory and other references under the Arbitration
648
Public officer
650
301
660
WHAT THE MODES OF PROCEEDING TO SET ASIDE
701
32
706
Action may generally proceed
708
Submission by agreement
717
Power over costs
718
Conclusion
719
Appointment of two arbitrators and an umpire
720
Durationpowers to enlarge
721
Evidence taken by one arbitrator may be acted on by both
722
partners
728
XVI
735
Costs of cause to abide eventof reference and award in dis
736
XXIX
745
Appointment for a meeting in the reference
752
AWARDS
760
on the various issues
763
37
769
and of demand of sum and costs awarded
786
Reference failing action in equity proceeds
793
Act 1889
794
SECT III
800
Railways
809
Lands Clauses Consolidation
817
Explosives
824
Allotments and Cottage Gardens Compensation
830
Coal Mines
839
706
843
Under Railway Companies Arbitration Act 1859
845
Reference for inquiry and report
849
OF THE PRINCIPLES BY WHICH THE ARBITRATOR
851
May correct clerical error
852
Duty of the arbitrator in deciding points of evidence
854
Effect of extrinsic statements by the arbitrator showing
858
THE AWARD THOUGH BAD IN PART When Good
870
When no award under Lands Clauses Act jury to settle
880
Special referee
881
232
883
Duty of the arbitrator in awarding costs
885
Suing for costs before taxation
887
CHAPTER XI
890
ENFORCING IN EQUITY A CONTRACT DEPENDENT ON
898
giving damages in the cause
901
672
904
Directing payment to wife only
905
584
911
Award under Agricultural Holdings Act 1883
912
Official referees
915
When to sit continuously
916
Fees on award under the Lands Clauses
926
Under Regulation of Railways Act 1873
929
Enlargement of time by the courts of
931
Matters concerning personal chattels or personal wrongs
947

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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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