Treatise on the Law of Arbitration in ScotlandT. & T. Clark, 1877 - 460 pages |
Other editions - View all
Common terms and phrases
Act of Regulations action agreement alleged appear apply appointed arbiter binding bound circumstances claim common law competent consent contract of submission Court of law Court of Session decern decided decision decree decreet-arbitral deed defender determine devolution diligence dispute duly duty effect entered Ersk evidence ex facie executed expenses expressly foresaid functus officio ground havers held hereby homologation House of Lords inter alia interim-award interlocutor interponed Judges judgment judicial reference July June June 17 June 23 L. J. Clerk law of Scotland lease Lord Ordinary Lords Lordship Mackenzie Macph minute mission noticed oath objection obligation observed oversman parties parties-submitters plea pleaded power of prorogation procedure proceeding pronounced proof pursuer question Railway reduction referee refused remit remuneration require respect Session sion stamp Stamp Act statutory submission-clause supra sustained tenant tion trustee ultra vires valid Vict witnesses
Popular passages
Page 433 - THE said arbitrators or their umpire may call for the production of any documents in the possession or power of either party which they or he may think necessary for determining the question in dispute, and may examine the parties or their witnesses on oath, and administer the oaths necessary for that purpose.
Page 432 - ... and on the part of any other party under the hand of such party or if such party be a corporation aggregate under the common seal of such corporation and such appointment shall be delivered to the arbitrator and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made...
Page 432 - ... corporation; and such appointment shall be delivered to the arbitrator, and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made; 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...
Page 427 - ... appoint in writing some other person to act in his place ; and if for the space of seven days after notice in writing from the other party for that pnrpose he fail to do so, the remaining or other arbitrator may proceed ex parte ; and every arbitrator so to be substituted...
Page 432 - Matters so required to be referred to Arbitration, shall have been served by the one Party on the other Party to appoint an Arbitrator, such last-mentioned Party fail to appoint such Arbitrator, then upon such Failure the Party making the Request, and having himself appointed an Arbitrator, may appoint such Arbitrator to act on behalf of both Parties ; and such Arbitrator may proceed to hear and determine the Matters which...
Page 432 - Arbitrator, the Party by whom such Arbitrator was appointed may nominate and appoint in Writing some other Person to act in his Place ; and if for the Space of Seven Days after Notice in Writing from the other Party for that Purpose he fail to do so the remaining or other Arbitrator may proceed ex parte...
Page 32 - Judges depended mainly, or almost entirely, upon fees, and as they had no fixed salary there was great competition to get as much as possible of litigation into Westminster Hall, and a great scramble in Westminster Hall for the division of the spoil?
Page 429 - Party fail to appoint such Arbitrator, then upon such Failure the Party making the Request, and having himself appointed an Arbitrator, may appoint such Arbitrator to act on behalf of both Parties, and such Arbitrator may 'proceed to hear and determine the Matters which shall be in dispute, and in such Case the Award or Determination of such single Arbitrator shall be final.
Page 375 - ... on the part of the party by whom the same shall be made ; 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 432 - If in either of the cases aforesaid the said arbitrators shall refuse, or shall, for seven days after request of either party to such arbitration, neglect to appoint an umpire...