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

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Butterworths, 1872 - 328 pages

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Page 291 - I, AB , do solemnly and sincerely declare that I will faithfully and honestly, and to the best of my skill and ability, hear and determine the matters referred to me under the provisions of trie-Act.
Page 290 - ... 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 shall be in dispute, and in such case the award or determination of such single arbitrator shall be final.
Page 249 - CD, his executors, administrators, or assigns; for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, severally and firmly, by these presents.
Page 296 - If the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award.
Page 292 - All the costs of any such arbitration, and incident thereto, to be settled by the arbitrators, shall be borne by the promoters of the undertaking, unless the arbitrators shall award the same or a less sum than shall have been offered by the promoters of the undertaking, in which case each party shall bear his own costs incident to the arbitration, and the costs of the arbitrators shall be borne by the parties in equal proportions.
Page 73 - ... arbitrator, and all the parties do not, after differences have arisen, concur in the appointment of an arbitrator ; or if any appointed arbitrator refuse to act, or become incapable of acting, or die, and the terms of such document do not show that it was intended that such vacancy should not be supplied, and the parties do not concur in appointing a new one ; or if, where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator...
Page 294 - The proceedings upon any such arbitration as aforesaid shall except otherwise directed hereby or by the submission or document authorizing the reference be conducted in like manner and subject to the same rules and enactments as to the power of the arbitrator and of the Court the attendance of witnesses the production of documents enforcing or setting aside the award and otherwise as upon a reference made by consent under a rule of Court or judge's order.
Page 293 - ... either wholly or in part, be referred to an arbitrator appointed by the parties, or to an officer of the court, or, in country causes, to the judge of any -county court...
Page 291 - 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.

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