A Treatise on the Power and Duty of an Arbitrator, and the Law of Submissions and Awards; with an Appendix of Forms, and of the Statutes Relating to Arbitration

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Stevens and sons, limited, 1891 - Arbitration and award - 958 pages
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Contents

CHAPTER III
40
Of Submissions by Parol Agreement in Writing
52
reciting submission by bond 762
54
Of Agreements to refer future Disputes
60
Of Submissions made in a Cause at Law
71
Sect VJLLOf Judicial and Statutable Submissions
95
Costs of reference
102
THE OFFICE OF ARBITRATOR
111
Of the Principles by which the Arbitrator
117
CHAPTER II
123
Of the Subject Matters whether Joint
131
THE DURATION OF THE ARBITRATORS
136
Enlarging the Time for making the Award
143
Sect LTXEetoking the Arbitrators Authority
152
CHAPTER IV
171
Duty of the arbitrator to hear the evidence
185
Duty of the arbitrator to receive no evidence unless both
191
Duty of the arbitrator in deciding points of evidence
199
Sect HI Of the Duty of Joint Arbitrators
214
Of the Umpibe
223
Power and duly of the umpire
242
THE DUTY OF THE ARBITRATOR IN FORMING
246
Stamping the award
252
The Award must be Entire
260
The Award must be certain
286
Award ichen presumed certain
292
The Award must be Possible and Consistent
300
Inquiry by the court of the arbitrators grounds
314
The Award though Bad in Part when Good
325
Of disposing of the Cause without deciding it
337
Of awarding an Entry of a Verdict
350
Of the Duty of the Arbitrator in awarding
356
Of awarding Judgment
362
Sect VTLDuty of Eefebee under Arbitration Act 1889
367
CHAPTER VII
373
Duty of the arbitrator in awarding costs
380
Effect of awarding payment of the costs of the cause
387
CHAPTER VIII
408
Of Directions under a Power to award what
430
Of Directions as to allotting Lands
440
Arbitrators cannot go beyond claim but should award
453
Annoyance
459
No second inquiry if unforeseen damage arises
465
Duty of arbitrator as to costs of referenco
471
Suing for costs before taxation
477
R
479
Amending clerical error
485
CHAPTER XI
492
Sect H Of the Liability of the Arbitrator at Law
495
CHAPTER II
530
THE AWARD AS A GROUND OF ACTION
539
The Effect of an Award pleaded as a Defence
546
Effect of an Award in Evidence
553
THE AWARD AS A GROUND IN OLD TIMES
562
Sect IllSigning Judgment pursuant to the Award
645
CHAPTER IX
652
Within what Period the Motion to set aside
654
When award in a cause at common law
660
Moving to set aside an Award
676
Opposing the Motion to set aside an Award
685
Decision on Motion to set aside an Award
688
CHAPTER XI
697
EFFECT OF THE FAILURE OF THE REFERENCE
706
Specific performance if submission not of essence
712
Commencement
717
Power over costs
718
Conclusion
719
partnership matters referred
720
Durationpowers to enlarge
721
Costs of cause to abide eventof reference in discretion power to certify
722
to state a case
723
to order what shall be done
724
Party preventing arbitrator to pay costs
725
Penalty for breach of submission
726
by executor as to testators liability not as to assets
727
Submission by bond
728
Arbitration bond referring all differences between six partners
729
Submission by deed
730
Judges order of roference
731
Order of reference to master
732
XQI Notice of motion to refer accounts under s 14 of the Arbitra tion Act 1889
733
Order of reference under s 13
734
later form
735
General finding sufficient
737
XXVTL of arbitrator by a railway company
743
Order of reference from a Court of Quarter Sessions
750
Appointment for a meeting in the reference
752
AWARDS
760
reciting other submission by bond
763
Award plaintiff good cause of action on part of claim
764
of balance to defendant
765
of entry of judgment
766
each party to bear his own costs of cause 700
767
against executor 7G8 36 on partnership accounts
768
of dissolution of partnership on terms
769
between partners
770
of assignment of leasehold and release
771
IiXTV Certificate of arbitrator finding for plaintiff
772
PROCEEDINGS ON THE AWARD
781
Notice of motion for adoption and enforcement
788
For full List of Statutes seep
793
Bailways
809
Lands Clauses Consolidation
817
Explosives
824
Allotments and Cottage Gardens Compensation
830
Coal Mines
839
Duty of the arbitrator when empowered to amend 202
855
INDEX 813
911

Common terms and phrases

Popular passages

Page 46 - ... 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, apply to that court to stay the proceedings, and that court or a judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission...
Page 818 - that, if any party shall be entitled to any compensation in respect of any lands, or of any interest therein, which shall have been taken for or injuriously affected by the execution of the works, and for which the promoters of the undertaking shall not have made satisfaction...
Page 67 - 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 default with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and his award shall be binding on both parties as if he had been appointed by consent : Provided that the Court...
Page 804 - ... the vacancy should not be supplied, and the parties or arbitrators do not supply the vacancy : '•any party may serve the other parties or the arbitrators, as the case may be, with a written notice to appoint an arbitrator, umpire, or third arbitrator.
Page 378 - ... 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...
Page 66 - If an appointed 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, and the parties do not supply the vacancy : (c) Where the parties or two arbitrators are at liberty to appoint an umpire...
Page 318 - 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 793 - ... satisfied that there is no sufficient reason why the matter should not be referred in accordance with the agreement, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.
Page 818 - ... and unless the promoters of the undertaking be willing to pay the amount of compensation so claimed, and...
Page 823 - If the arbitrators fail to make their award within twenty-one days after the day on which the last of them was appointed, or within such extended time (if any) as may have been...

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