A Concise Treatise on the Law of Arbitrations & Awards: With an Appendix of Precedents and Statutes

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Butterworth & Company, 1903 - 462 pages

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Appointment of a meeting by arbitrator
Originating summons for the appointment of an arbitrator
Revocation of arbitrators authority
Summons to stay action after agreement to refer
Order staying action after agreement to refer made on motion
Subpoena duces tecum
Form of oath to be administered to a witness
Notice to the parties of the award made
Award by three arbitrators on a submission by several persons respecting claims under three wills
Award by two arbitrators of compensation for land taken under the Lands Clauses Consolidation Act 1845
Award on a reference of an action by order of K B D
Commencement of an award on a reference by an order of nisi prius made at the assizes
Commencement of an award on a submission by order of the Chancery Division
Commencement of an umpirage
Recital of enlargement of time by consent of the parties
Award on a general reference by a mortgagor and mortgagee
Award of a partnership to be dissolved c
Award on a reference between landlord and tenant finding that certain covenants have been broken and ordering payment of a sum in respect thereof
Special clauses in awards
6 Release at the cost of the party released
11 Award on action counterclaim and setoff 13 Award in ejectment
16 Award to deliver up a bond to be cancelled
19 Award of manner in which a weir is to be maintained in future
Certificate of an arbitrator when a verdict is taken subject to his certificate
Indorsed memorandum correcting a slip in the award pursuant to s 7 of the A A 1889
Special Cases 62 Special case stated by an arbitrator on questions of law under 1
Award by an umpire in the form of a special case under s 7 of the A A 1889
Enforcing and Setting aside Award
Affidavit of execution of award on application to enforce
References to Referees 67 Summons for reference to a referee
Order of reference under s 13 of A A 1889
Order of reference under s 14 of A A 1889
Report of special referee
Notice of motion for remitting report when cause tried

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Page 413 - If any party to a submission, or any person claiming through or under him, commences any legal proceedings in any Court against 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...
Page 297 - Lunacy, whereby any sum of money, or any costs, charges, or expenses shall be payable to any person, shall have the effect of judgments in the superior Courts of Common Law...
Page 402 - 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...
Page 402 - ... in every such instance any party may serve the remaining parties or the arbitrators, as the case may be, with a written notice to appoint an arbitrator, umpire, or third arbitrator respectively; and if within seven clear days after such notice shall have been served no arbitrator, umpire, or third arbitrator be appointed, it shall be lawful for any judge of any of the superior courts of law or equity at Westminster...
Page 419 - ... subject to any legal objection submit to be examined by the arbitrators or umpire on oath or affirmation in relation to the matters in dispute and shall subject as aforesaid produce before the arbitrators or umpire all books, deeds, papers, accounts, writings and documents within their possession or power respectively which may be required or called for and do all other things which during the proceedings on the reference the arbitrators or umpire may require.
Page 392 - ... if when the matter shall have been referred to arbitration the arbitrators or their umpire shall for three months have failed to make their or his award, or if no final award shall be made, the question of such compensation shall be settled by the verdict of a jury, as hereinafter provided.
Page 221 - 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, and may tax or settle the amount of costs to be so paid or any part thereof, and may award costs to be paid as between solicitor and client.
Page 402 - If the appointment is not made within seven clear days after the service of the notice, the court or a judge may, on application by the party who gave the notice, appoint an arbitrator, umpire, or third arbitrator, who shall have the like power to act in the reference and make an award as if he had been appointed by consent of all parties.
Page 75 - ... and after any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other, nor shall the death of either party operate as a revocation...
Page 417 - 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.

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