A Concise Treatise on the Law of Arbitrations & Awards: With an Appendix of Precedents and StatutesButterworth & Company, 1903 - 462 pages |
From inside the book
Results 6-10 of 76
Page 51
... direct specific performance , if from any cause the arbitrators fail to determine the matter so left to their décision . ( Tillett v . Charing Cross Bridge Co. , 28 L. J. , Ch . 863 ; 26 Beav . 419 ; Darbey v . Whitaker , 4 Drew . 134 ...
... direct specific performance , if from any cause the arbitrators fail to determine the matter so left to their décision . ( Tillett v . Charing Cross Bridge Co. , 28 L. J. , Ch . 863 ; 26 Beav . 419 ; Darbey v . Whitaker , 4 Drew . 134 ...
Page 52
... direct , and he has failed to give any direction , specific performance has been refused . ( Earl of Darnley v . London , Chatham and Dover Rail . Co. , 36 L. J. , Ch . 404 ; L. R. , 2 H. L. 43 ; Tillett v . Charing Cross Bridge Co ...
... direct , and he has failed to give any direction , specific performance has been refused . ( Earl of Darnley v . London , Chatham and Dover Rail . Co. , 36 L. J. , Ch . 404 ; L. R. , 2 H. L. 43 ; Tillett v . Charing Cross Bridge Co ...
Page 71
... direct . ( Arbitration Act , 1889 , s . 15 ; Palmer v . Hardwick , 63 L. T. 302. ) The R. S. C. Order XXXVI . , rules 48 to 55b , confer a variety of powers upon referees , and by rule 55c the provisions of rules 48 to 55 and of rule ...
... direct . ( Arbitration Act , 1889 , s . 15 ; Palmer v . Hardwick , 63 L. T. 302. ) The R. S. C. Order XXXVI . , rules 48 to 55b , confer a variety of powers upon referees , and by rule 55c the provisions of rules 48 to 55 and of rule ...
Page 81
... direct that money shall be paid or secured by one partner to the other ( Simmonds v . Swaine , 1 Taunt . 549 ) , may apportion the assets between them ( Lingwood v . Eade , 2 Atk . 505 ) , and may direct mutual releases ( ib . ) and ...
... direct that money shall be paid or secured by one partner to the other ( Simmonds v . Swaine , 1 Taunt . 549 ) , may apportion the assets between them ( Lingwood v . Eade , 2 Atk . 505 ) , and may direct mutual releases ( ib . ) and ...
Page 84
... direct what shall be done by either or both of the said parties , either immediately or prospectively , whether relating to the action or to the other matters in difference , " the submission was held to empower him to award damages for ...
... direct what shall be done by either or both of the said parties , either immediately or prospectively , whether relating to the action or to the other matters in difference , " the submission was held to empower him to award damages for ...
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Common terms and phrases
53 Vict 9 Dow abide the event action affidavit aforesaid agree agreement to refer amount application appoint an arbitrator arbi Arbitration Act arbitrator's arbitrators or umpire authority binding Bing Building Society Caledonian Rail certificate Chancery Division CHAP Chitt claim clause common law common seal contract costs decide decision defendant direct enforce enlarge entered entitled evidence execute held High Court issues judge judgment jurisdiction King's Bench Division L. C. C. Act matters in difference matters referred ment Metropolitan Board motion nisi prius Northern Rail notice official referee order of reference Order XXXVI paid parties person plaintiff proceedings quarter sessions question R. S. C. Order Railway reference by consent referred to arbitration refused remit respect revoke rule of court single arbitrator Smith solicitor special referee statute submission submit supra Taunt thereof tion trator umpirage unless verdict Winteringham witnesses writing
Popular passages
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.