Epitome of the Law of Arbitration and Awards

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Gee and Company, 1883 - 161 pages

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Page 45 - ... on the trial of any issue joined or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 137 - If the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award.
Page 128 - Majesty's courts of record, shall not be revocable by any party to such reference without the leave of the court by which such rule or order shall be made, or which shall be mentioned in such submission, or by leave of a judge...
Page 143 - All the costs of any such arbitration, and incident thereto, to be settled by the arbitrators, shall be borne by the promoters of the undertaking, unless the arbitrators shall award the same or a less sum than shall have been offered by the promoters of the undertaking, in which case each party shall bear his own costs incident to the arbitration, and the costs of the arbitrators shall be borne by the parties in equal proportions.
Page 14 - Crown, (a) If all the parties interested who are not under disability consent ; or (b) If the cause or matter requires any prolonged examination of documents or any scientific or local investigation which cannot in the opinion of the Court or a judge conveniently be made before a jury or conducted by the Court through its other ordinary officers ; or (c) If the question in dispute consists wholly or in part of matters of account...
Page 41 - ... together with or after the service of such rule or order: Provided always, that every person whose attendance shall be so required shall be entitled to the like conduct money and payment for expenses and loss of time as upon attendance at a trial: Provided also, that no person shall be compelled to produce, under any such rule or order, any writing or other document that he would not be compellable to produce at a trial of the cause.
Page 136 - ... arbitrator, and all the parties do not, after differences have arisen, concur in the appointment of an arbitrator ; or if any appointed arbitrator refuse to act, or become incapable of acting, or die, and the terms of such document do not show that it was intended that such vacancy should not be supplied, and the parties do not concur in appointing a new one ; or if, where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator...
Page 135 - ... and that the defendant was at the time of the bringing of such action or suit and still is ready and willing to join and concur in all Acts necessary and proper for causing such matters so to be decided by arbitration, to make a rule or order staying all proceedings in such action or suit, on such terms as to costs and otherwise as to such Court or judge may seem fit : Provided ;il ways that any such rule or order may at any time afterwards be discharged or varied as justice may require.
Page 17 - It shall and may be lawful for all merchants and traders and others desiring to end any controversy suit or quarrel, for which there is no other remedy but by personal action or suit in equity...
Page 157 - Hundred dollars, as fixed and settled damages. In witness whereof, we have hereunto set our hands the day and year first above written.

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