17 & 18 Vict. c. 125 (Common Law Procedure Act, 1854) s. 14.. s. 15.. s. 16... PAGE 127 92, 97, 131 .268, 293 43 18 & 19 Vict. c. 120 (Metropolis Local Management Act, 1855), s. 225 20 & 21 Vict. c. 85 (Matrimonial Causes Act, 1857), ss. 21, 25, 26... 22 & 23 Vict. c. 59 (Railway Companies Arbitration Act, 1859) s. 2 ss. 14-16 23 & 24 Vict. c. 125 (Metropolis Gas Act, 1860), s. 38 33 15 29, 68, 77 110 128 199 68 34 s. 82 26 & 27 Vict. c. 87 (Trustee Savings Banks Act, 1863), s. 48 74 30 268 30, 269 30, 269 38 74 32 30 34 29 314 37 & 38 Vict. c. 40 (Board of Trade Arbitration, &c., Act, 1874)— 39 & 40 Vict. c. 52 (Savings Bank (Barrister) Act, 1876), s. 2 31 38 149 15 s. 13 s. 18 109 15 .128, 400 19 38 35 262 40, 72 40, 72 40 50 & 51 Vict. c. 26 (Allotments and Cottage Gardens Compensation PAGE 38 32 33 33 32 6, 32 227, 236 72 72 233, 245 39, 42, 44, 45, 75, 102, 273, 298 8, 39, 127, 223, 263 48, 322, 326 50, 51, 56, 59, 238 121, 124, 127 122, 123 40, 149, 168, 170, 255, 279 40, 147 97 168, 173, 250, 251, 253, 261 40, 116, 273 269, 293, 297, 299 72, 73, 319, 320, 326, 327, 330 .69, 72, 73, 319, 320, 331, 333, 336, 337 s. 15...71, 211, 221, 237, 248, 263, 310, 319, 326, 335 s. 16... s. 18.. s. 19..... s. 20..... s. 21. s. 22.. s. 23.. s. 24..... 8. 25..... s. 26.... s. 27.. 71, 250, 273, 293 40, 148 105, 170, 171, 172, 255, 279 .68, 171, 223, 230, 261, 291, 334 54 & 55 Vict. c. 39 (Stamp Act, 1891) s. 14 c. 63 (Interpretation Act, 1889), s. 1... 53 & 54 Vict. c. 5 (Lunacy Act, 1890), s. 244... c. 70 (Housing of the Working Classes Act, 1890), s. 41 56 & 57 Vict. c. 53 (Trustee Act, 1893), s. 21. c. 63 (Married Women's Property Act, 1893), s. 1.. 57 & 58 Vict. c. 13 (Arbitration (Scotland) Act, 1894).. 57 & 58 Vict. c. ccxiii. (London Building Act, 1894), s. 91. 9, 93 c. 47 (Building Societies Act, 1894), s. 20......... 37, 42, 172 34 A. 57 & 58 Vict. c. cexiii. (London Building Act, 1894), s. 107 s. 1..... c. 27 (Market Gardeners' Compensation Act, 1895)... 59 & 60 Vict. c. 9 (Local Government (Determination of Differences) Act, 1896) c. 25 (Friendly Societies Act, 1896), s. 68.. c. 30 (Conciliation Act, 1896), s. 3 c. 43 (Coal Mines Regulation Act, 1896), s. 2.. PAGE 34 243 38 6 32 38, 42, 172 42 33 41 28, 42 42 .38, 110 42 34 c. 45 (Stannaries Court Abolition Act, 1896), s. 4...... 60 & 61 Vict. c. 37 (Workmen's Compensation Act, 1897) s. 2 2 Edwd. VII. c. 41 (Metropolis Water Act, 1902), ss. 2, 23... THE LAW OF ARBITRATIONS AND AWARDS. CHAPTER I. INTRODUCTORY-DEFINITIONS-FRAMING SUBMISSIONS. common law. Ar common law any agreement by which parties refer CHAP. I. an existing or possible future matter in dispute between Definitions. them to the judicial and final determination of a third Submission at person, who is named, is called a submission; the person to whom the reference is made, an arbitrator; when the reference is made to more than one, and provision is made that, in case they shall disagree, another shall decide, that other is called an umpire; the judgment pronounced by an arbitrator or arbitrators, an award; that by an umpire, an umpirage, or, less properly, an award. By statute, in particular cases, certain defined notices Under special and proceedings are made equivalent to a submission by agreement. Thus section 25 of the L. C. C. Act, 1845 (8 & 9 Vict. c. 18), enacts that an appointment of an arbitrator thereunder "shall be deemed a submission to arbitration on the part of the party by whom the same shall be made." (Rhodes v. Airedale Drainage Commissioners, 1 C. P. D. 402; 45 L. J., C. P. 861; Bidder v. North Staffordshire Railway Co., 4 Q. B. D. 412; 48 L. J., Q. B. 248.) Similar provisions are contained in A. B statutes. СНАР. І. Under the Agreement in form not by Act. the Public Health Act, 1875 (38 & 39 Vict. c. 55, s. 180), and in other statutes. 66 In the Arbitration Act, 1889 (52 & 53 Vict. c. 49), submission" means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not (s. 27). An agreement means the assent of both parties to the same set of terms. It may be contained in more documents than one, provided they express a common intent to submit the same matters to the same person, or refer to each other so as to make one supply missing terms in the other. But where the parties signed two separate documents, one of which contained a clause for reference and the other did not, there was held to be no submission; there was in fact no complete agreement. (Caerleon Tinplate Co. v. Hughes, 60 L. J., Q. B. 640; 65 L. T. 118; and see Davies v. Price, 10 W. R. 865.) It is not, however, necessary that the agreement should be signed by both parties, provided it is binding upon both. (Baker v. Yorkshire Fire and Life Assurance Co. [1892] 1 Q. B. 144; 61 L. J., Q. B. 838.) The indorsement on their briefs by counsel representing litigant parties, of an agreement to refer, is a written agreement within the section. (Aitken v. Batchelor, 62 L. J., Q. B. 193; 68 L. T. 530.) The Act does not contemplate a reference to three contemplated arbitrators, and in the case of a mere agreement to refer which does not appoint the arbitrators and provides for a reference to three arbitrators, one to be appointed by each party and the third by the two so appointed, as distinguished from two arbitrators and an umpire, the Act does not enable the court to compel one of the parties to appoint an arbitrator. (Re Smith and Nelson's Arbitration, 25 Q. B. D. 545; 59 L. J., Q. B. 533.) References which are not to arbitration. The first element of a submission to arbitration is, that it should show an intention of the parties to be |