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 the refusal to act or death of the arbitrator 164
19
PERSONS NOT INTERESTED IN THE SUBJECT MATTERS
23
Costs as between solicitor and client
30
Trustees of bankrupts
33
CHAPTER III
40
Savings banks and friendly and benefit building societies
43
OF SUBMISSIONS BY PAROL AGREEMENT IN WRITING
52
THE DUTY OF THE ARBITRATOR IN FORMING
55
OF AGREEMENTS TO REFER FUTURE DISPUTES
60
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
52
97
The Power and Duty of the Arbitrator
109
15
112
OF THE PRINCIPLES BY WHICH THE ARBITRATOR
117
16
120
THE DURATION OF THE ARBITRATORS
136
17
137
OF THE FORMAL REQUISITES OF THE AWARD
138
203
139
14
156
21
157
refusal or incapacity
165
27
167
17
168
CHAPTER IV
171
29
175
19
176
32
184
24
187
52
190
33
191
26
194
34
197
The award must comply with the submission
206
35
209
OF THE DUTY OF JOINT ARBITRATORS
214
OF THE UMPIRE
223
28
224
How the arbitrators are to choose an umpire
231
Umpires power to enlarge before disagreement
237
Umpire under the Lands Clauses
244
THE AWARD MUST BE CERTAIN
247
Publishing the award
249
Effect of awarding mutual releases
269
Conditional award
277
Award reserving or delegating ministerial duty
283
37
285
THE AWARD MUST BE MUTUAL
296
THE AWARD HOW AFFECTED BY A MISTAKE OF
303
38
306
Inquiry by the court of the arbitrators grounds
314
Limit under the Arbitration Act 1889
318
42
319
Duty of the arbitrator when empowered to raise a point
320
OF DISPOSING OF THE CAUSE WITHOUT DECIDING
337
of a nonsuit or verdict for defendant
345
OF AWARDING AN ENTRY OF A VERDICT
350
OF THE DUTY OF THE ARBITRATOR IN AWARDING
356
of entry of judgment
357
OF AWARDING JUDGMENT
362
DUTY OF REFEREE UNDER ARBITRATION ACT 1889
371
136
372
496
375
of judgment by default
376
THE DUTY OF THE ARBITRATOR IN AWARDING
378
EFFECT OF THE AWARD
397
43
401
Directions as to payment of money
415
Directions as to executing releases
427
44
435
Directions as to what shall be done held void
437
Directing a payment to be made to a stranger
443
216
449
32
455
45
458
35
462
39
466
137
468
41
523
Effect of an award on a party bankrupt
527
CHAPTER II
530
HOW TO STATE AN AWARD IN PLEADING
539
42
541
138
545
THE EFFECT Of an Award PLEADED AS A DEFENCE
546
43
547
EFFECT OF AN AWARD IN EVIDENCE
553
THE AWARD AS A GROUND IN OLD TIMES
562
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
No proceeding by attachment and action at the same time
594
of a stet processus
597
THE COURSE OF THE MOTION FOR AN ATTACHMENT
602
on partnership accounts
611
CHAPTER VIII
632
SIGNING JUDGMENT PURSUANT TO THE AWARD
645
FOR WHAT CAUSES AN AWARD MAY BE SET ASIDE
664
362
670
When the award is uncertain
671
Arbitrators cannot go beyond claim but should award
679
314
681
Stating the grounds of motion
682
SECT II
688
Arbitrator not to try title but to assume
692
ASIDE AN AWARD
697
Proceeding by motion to set aside an award
703
452
705
21
720
Relieving arbitrator from finding on the issues
723
Submission by deed
730
Effect of a juror having been withdrawn
733
When no award under Lands Clauses Act jury to settle
740
XXXIV
747
PAGE
752
LIX
758
Submission by bond
763
Report of referee under s 13 of the Arbitration Act
779
Power of attorney to demand money and costs awarded
786
54
793
as to costs
797
ENFORCING IN EQUITY A CONTRACT DEPENDENT ON
843
Under Railway Companies Arbitration Act 1859
845
319
847
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
Arbitrators should not act as agents of parties appointing
856
437
858
321
859
Inquiry of the arbitrator by the court
860
WHAT THE MODES OF PROCEEDING TO SET ASIDE
861
443
867
322
870
453
872
OF THE POWER AND DUTY OF THE ARBITRATOR WHEN
876
363
877
374
884
697
889
CHAPTER II
890
699
897
Not evidence on indictment of party
898
PERFORMANCE OF AN AWARD DIRECTING THE EXECU
900
giving damages in the cause
901
645
902
584
911
Promoters may contest existence of damage
912
When to sit continuously
916
676
918
534
924
176
928
Under Regulation of Railways Act 1873
929
Enlargement of time by the courts of
931
Other submissions by statute
935
677
936
SETTING ASIDE AN AWARD ON MOTION
938
444
946
Matters concerning personal chattels or personal wrongs
947

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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