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3. Arbitrator's power over costs within the submission.....
4. Taxation of costs........
1. Clause in an instrument providing for the reference of future
2. Clause referring future disputes to two arbitrators or their
3. Clause referring future differences to an arbitrator named, or to
be named by a public official
4. Clause giving a valuation the incidents of a reference-in
conditions of sale
5. Notice requiring a party to concur in the appointment of a sole
6. Request to concur in appointing a single arbitrator before
proceeding to appoint one of two...
7. Joint appointment of a single arbitrator.....
8. Appointment by one party of an arbitrator under a clause
referring future differences....
9. Notice of the appointment to the other party
10. Notice to one arbitrator to act alone on default of other party
11. Notice to appoint an arbitrator in the place of one who refuses
to act, or is incapable of acting, or dies........
12. Notice of application to stay to a party who has commenced an
action in respect of matters agreed to be referred
Submissions of Existing Differences.
13. Submission of all existing differences to a single arbitrator-
14. Submission of specific differences to a single arbitrator-short
15. Submission to two arbitrators or their umpire by deed-ampler
16. Order of reference of action by consent under Arbitration Act,
1889, s. 14........
17. The same-shorter form
18. Order of reference by consent to two arbitrators or their umpire 351
19. Special clauses in submission...... 352
(1) Partnership reference-power to award dissolution, &c. 352
(2) In a submission by an executor or administrator, refer-
ence not to be an admission of assets... 353
(3) Particulars of claims, &c., to be furnished by each party 354
(5) Arbitrator may decide without taking evidence............ 354
(6) Umpire to sit with arbitrators....
(7) Evidence taken by arbitrators may be acted on by
(8) Costs to abide event of award..
(9) Costs of action abide event; other costs in discretion
(10) Each party pay own costs of reference; award to be
(16) Power to fix price of land and employ a surveyor in a
submission between a vendor and purchaser...
(17) Power to make several awards.....
Appointment of Umpire and other Proceedings after the Submission.
20. Appointment of a third arbitrator by the two others pursuant to
21. Appointment of an umpire....
22. Appointment of an umpire in the place of one who dies or
refuses to act.......
23. Notice calling upon the arbitrators to act..
24. Notice to the umpire by the arbitrators of disagreement..
25. Appointment of a meeting by arbitrator......
27. Originating summons for the appointment of an arbitrator
28. Originating summons for leave to revoke submission..
30. Notice of revocation to the arbitrator and the other party.
26. Appointment of meeting with notice of intention to proceed
29. Revocation of arbitrator's authority.
31. Summons to stay action after agreement to refer....
32. Notice of motion to stay an action contrary to agreement to refer 361
33. Order staying action after agreement to refer, made on motion... 362
34. Subpoena for attendance of witnesses before arbitrator
35. Subpoena duces tecum
36. Summons for enlargement of time for making award..
37. Enlargement of time by arbitrator under a power in the sub-
38. Enlargement of time by the parties......
39. Form of oath to be administered to a witness.
40. Form of affirmation by a witness.......
41. Oath in Scotch form.
42. Notice to the parties of the award made..
43. Award by a single arbitrator determining cross claims and order-
ing payment of a sum by one party to the other.
44. Award by three arbitrators, on a submission by several persons
respecting claims under three wills.......
45. Award by two arbitrators of compensation for land taken under
the Lands Clauses Consolidation Act, 1845
46. Award on a reference of an action by order of K.B.D.....
47. Commencement of an award on a reference by an order of nisi
prius made at the assizes
48. Commencement of an award on a submission by order of the
49. Commencement of an award on a submission by mutual bonds... 373
50. Commencement of an award under a clause for referring future
differences in a building contract
51. Commencement of an umpirage
52. Recital of enlargement of time by consent of the parties
53. Recital of enlargement of time by several orders of court
54. Award on a general reference by a mortgagor and mortgagee
55. Award of a partnership to be dissolved, &c.
56. Award on a reference between landlord and tenant, finding that
certain covenants have been broken, and ordering payment
of a sum in respect thereof
57. Special clauses in awards
(1) Each party to pay his own costs of reference and
one-half the costs of the award..
(2) Costs of reference and award to be paid in equal
(3) Certificate for special jury, &c.................
57. Special clauses in awards (continued).
(4) Mutual releases if required
(5) One party to execute a release on payment of a sum
of money by the other party
(18) Award of a wall to be pulled down...
(19) Award of manner in which a weir is to be maintained
(20) Award that one party has no interest in the subject of
(21) Award that the property in premises is in one party,
subject to an easement of the other party
58. Certificate of an arbitrator when a verdict is taken subject to his
59. Award on a former award being sent back to the arbitrator for
60. Indorsed memorandum correcting a slip in the award pursuant
to s. 7 of the A. A. 1889
61. Indorsed memorandum correcting a clerical error in the Christian
name of one of the parties
62. Special case stated by an arbitrator on questions of law under
s. 19 of the A. A. 1889
63. Award by an umpire in the form of a special case under s. 7 of
the A. A. 1889...
Enforcing and Setting aside Award.
64. Summons for leave to enforce award under s. 12 of A. A. 1889
65. Affidavit of execution of award on application to enforce
66. Notice of motion to set aside or remit an award
70. Appointment by special referee of time and place of hearing
71. Report of special referee
72. Notice of motion to vary or remit report on further consideration 396
73. Notice of motion to adopt report-further consideration not
74. Notice of motion for remitting report when cause tried
APPENDIX OF STATUTES.
8 & 9 Vict. c. 18, ss. 23-37, The Lands Clauses Consolidation Act, 1845 398
12 & 13 Vict. c. 45, ss. 12-15, An Act to Amend the Procedure in
Courts of General and Quarter Sessions, 1849....
17 & 18 Vict. c. 125, ss. 3-17, The Common Law Procedure Act, 1854 404
22 & 23 Vict. c. 59, Railway Companies Arbitration Act, 1859... 410
38 & 39 Vict. c. 55, ss. 179-181, The Public Health Act, 1875
52 & 53 Vict. c. 49, The Arbitration Act, 1889...