Commercial Arbitrations as Governed by the Law of EnglandH. Jenkins Limited, 1925 - 223 pages |
From inside the book
Results 1-5 of 23
Page vii
... expressed surprise that business men are so successful in keeping out of the Law Courts and it is rather remarkable how they manage to do so . Transactions of great magnitude are daily con- cluded with the slightest of formalities , and ...
... expressed surprise that business men are so successful in keeping out of the Law Courts and it is rather remarkable how they manage to do so . Transactions of great magnitude are daily con- cluded with the slightest of formalities , and ...
Page 5
... expressed as a result . An agreement to refer a dis- pute to arbitration is necessarily an agreement to constitute the tribunal appointed as judge of the law and of the facts , and to clothe it with the full powers which the law of Eng ...
... expressed as a result . An agreement to refer a dis- pute to arbitration is necessarily an agreement to constitute the tribunal appointed as judge of the law and of the facts , and to clothe it with the full powers which the law of Eng ...
Page 12
... expressed by Lord Justice Scrutton2 . people , " he said , " do not like the Courts they should keep clear of them , and if they go to arbitrators they should stand by their decision and not try to upset it in the Courts . " 6. If Our ...
... expressed by Lord Justice Scrutton2 . people , " he said , " do not like the Courts they should keep clear of them , and if they go to arbitrators they should stand by their decision and not try to upset it in the Courts . " 6. If Our ...
Page 37
... expressed or may be implied from the attendant circumstances ) . A more difficult problem is presented where the contract is ( f ) See Payne's Carriage of Goods by Sea , 3rd Edn . , p . 16 . for carriage partly by land and partly by sea ...
... expressed or may be implied from the attendant circumstances ) . A more difficult problem is presented where the contract is ( f ) See Payne's Carriage of Goods by Sea , 3rd Edn . , p . 16 . for carriage partly by land and partly by sea ...
Page 38
... expressed in , or can be implied from , the contract " ( g ) 30 The importance of all these rules to intending parties to submissions is that the very validity of the submission itself may be at stake if a dispute arises as to what law ...
... expressed in , or can be implied from , the contract " ( g ) 30 The importance of all these rules to intending parties to submissions is that the very validity of the submission itself may be at stake if a dispute arises as to what law ...
Common terms and phrases
action affreightment agree agreement allowed appear apply appoint an arbitrator arbitral tribunal Arbitration Act arbitration clause arbitration proceedings arbitrators or umpire authority award binding British Westinghouse CHAPTER charter-party circumstances Claimant commenced commercial arbitrations consent contract contrary intention costs course dated the day day of 19 decided decision Den of Airlie discretion duty effect enforced enquiry evidence fact fees final fraud functus officio further give given hearing High Court Irish Free judgment judicial jurisdiction Justice Act lay judge lay judge's lay tribunal Lord Esher Lord Halsbury ment Metropolitan Board misconduct notice opinion Ossett particular parties practice principle Protocol provisions questions of law referred to arbitration remitted Reports respect rule Schedule section 19 sole arbitrator solicitor stipulation subject-matter submission to arbitration submit third arbitrator tion Triumph Cycle Co umpire or third undersigned VIII whereas witness words
Popular passages
Page 160 - 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 164 - 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 164 - The parties to the reference, and all persons claiming through them p. S3 respectively, shall, 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...
Page 162 - 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.
Page 164 - The umpire shall make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or on or before any later day to which the umpire by any writing signed by him may from time to time enlarge the time for making his award.
Page 35 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 59 - ... arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied...
Page 53 - 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 his arbitrator, has served the party making...
Page 127 - If the arbitrators have allowed their time or extended time to expire without making an award, or have delivered to any party to the submission, or to the umpire a notice in writing, stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators.
Page 3 - 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...