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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T. & J.W. Johnson, 1849 - 661 sider
 

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Innhold

Cadell 381 390 391 392
21
SECTION II
30
Clarkson 593
36
Award in ejectment with certificate for immediate
38
PERSONS EMPOWERED TO REFER BY STATUTE
40
Geo IV c 92 8
42
CHAPTER III
48
SECTION II
53
MAKING THE SUBMISSION A RULE
58
SECTION V
70
SECTION VI
76
Nisi Prius at the assizes 745
82
SECTION VII
90
Masters and Workmen
97
Geo IV c 56 s 27
99
OF PROCEEDINGS ON THE SUBMISSION WHEN ONE PARTY
100
ty potoer anli Hutg of tfte
105
Page
107
SECTION III
112
CHAPTER II
117
THE POWER AND DUTY OF THE ARBITRA
121
SECTION II
123
THE DURATION OF THE ARBITRATORS
130
SECTION II
136
OF REVOKING THE ARBITRATORS AUTHORITY
147
Revocation in equity at the will of a party
156
Revocation by the death of a party
162
TOR BEFORE MAKING THE AWARD
167
Stuart
175
Spencer 458
181
Power ofthe arbitrator to call for documents
184
Duty of the arbitrator in deciding points
193
SECTION IV
214
How the arbitrators are to choose an umpire
220
CHAPTER V
234
clauses in submissions continued 26 Formal requisites of award
237
SECTION III
249
THE AWARD MUST BE FINAL
250
Jenc 396
257
SECTION V
277
SECTION VI
287
SECTION VIII
295
SECTION IX
316
SECTION X
328
THE DUTY OF THE ARBITRATOR IN AWARD
336
SECTION IV
355
SECTION V
362
Hemmington 412 479 569
364
ING AS TO COSTS
369
SECTION II
379
Commencement of award on a reference of an indict ment at Nisi Prius 745
391
CHAPTER VIII
393
SECTION II
413
OF DIRECTIONS AS TO ALLOTTING LANDS
421
CHAPTER IX
433
OF THE LIABILITY OF THE ARBITRATOR AT LAW
436
SECTION IV
444
Voluntary statements by the arbitrator
447
CHAPTER I
455
Harrop 58
459
Effect of an award on the parties and strangers
464
CHAPTER II
473
Matthews 411
481
CHAPTER III
483
SECTION III
502
SECTION V
514
CHAPTER IV
524
SECTION II
531
ENFORCING THE AWARD BY PROCEEDINGS
599
SECTION III
607
CHAPTER IX
613
WITHIN WHAT PERIOD THE MOTION TO SET ASIDE
615
SECTION 111
627
SECTION IV
639
Grootc 6667 68 69 74
641
SECTION V
645
SECTION VI
651
DISCHARGING OR MAKING ABSOLUTE THE RULE TO
655
CHAPTER X
661
SECTION I
666
SECTION II
672
SECTION I
683
Taylor In re 545 548
685
Submission by agreement
693
Power over costs
694
Parties to abide by award
695
Recital bill in Chancery dismissed matters referred
696
Appointment of two arbitrators who are to appoint a third
697
Death of party not to affect reference
698
Dispensing with regular evidence
699
Power to award entry of judgmentby default
700
Costs of maps and plans
701
Liquidated damages for refusing to appoint new arbi trator
702
Concise form of agreement of reference
703
HI Agreement of reference by executor as to liability of testator and as to assets
704
Arbitration clause in a deed of partnership
706
Arbitrator to proceed notwithstanding revocation
707
Submission by order of Chancery in a charity suit
718
Appointment of arbitrator by a Railway Company
721
Appointment of Bingle arbitrator to act for both parties promoters refusing to appoint an arbi trator
722
Appointment of arbitrator by party dissatisfied with surveyors valuation of the lands taken
723
Appointment of umpire by arbitrators indorsed on submission
724
Appointment of umpire by Justices or the Com missioners of Railways
726
Warrant of attorney to enforce payment of money awarded
729
PROCEEDINGS DURING THE REFERENCE XXXVII Appointment for a meeting in the reference
730
Peremptory appointment
731
Judges order for attendance of witness
733
Jurat of witnesses
734
Demand by arbitrator of production of documents
735
Judges order for enlargement of time
738
Commencement of award on submission by rule of court
745
Preamble introductory to awarding part of award
746
Award on nunquam indebitatus in debt
747
Award in detinue
748
27 Award as to matters not in the cause
749
Award of a verdict for defendant on some issues
750
possession
751
Award each party to bear his own costs of cause
752
Award of costs in equity
753
Award of mutual releases
754
Award of dissolution of partnership on terms
756
Award between partners
757
Award of conveyance of fee
758
Award how property to be used and repaired
759
Award raising point of law on request for opinion of the court as to validity of plea and custom alleged in it
761
Award raising special point of law for opinion of the court as to effect of the Building Act
763
Award raising point for opinion of the court as to lia bility of Commissioners of Sewers
764
Certificate of arbitrator finding for plaintiff
765
Award on actions crossaccounts mortgages right to property and possession of premises
767
Award containing special directions as to removing
768
PLEADINGS
785
Declaration in debt on an award by the assignee
791
PROCEEDINGS ON THE AWARD
797
Geo IV c 96
820
Will IV 1 Vict c 67 ss 1 2 3
828
Aii award a ground of action 484
849

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Side 94 - When any question of disputed compensation by this or the special Act, or any Act incorporated therewith, authorised or required to be settled by arbitration, shall have arisen, then, unless both parties shall concur in the appointment of a single arbitrator, each party, on the...
Side 590 - 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...
Side 838 - ... if, in addition to the service of the rule or order an appointment of the time and place of attendance in obedience thereto, signed by...
Side 844 - ... 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 shall be in dispute, and in such case the award or determination of such single arbitrator shall be final.
Side 843 - ... and if such party desire to have the same settled by arbitration, it shall be lawful for him to give notice in writing to the promoters of the undertaking of such his desire, stating in such notice the nature of the interest...
Side 846 - An Act to facilitate the Inclosure and Improvement of Commons and Lands held in common, the Exchange of Lands, and the Division of intermixed Lands; to provide Remedies for defective or incomplete executions, and for the Non-execution of the powers of general and local Inclosure Acts ; and to provide for the Revival of such Powers in certain Cases...
Side 94 - ... power to revoke the same without the consent of the other, nor shall the death of either party operate as a revocation ; and if for the space of fourteen days after any such dispute shall have arisen, and after a request in writing...
Side 806 - CD, of the city aforesaid, merchant, my true and lawful attorney, for me, and in my name, and for my use to ask, demand...
Side 847 - ... 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 ; and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death or disability as aforesaid.
Side 842 - ... but also to the damage, if any, to be sustained by the owner of the lands by reason of the severance of the lands taken from the other lands of such owner or otherwise injuriously affecting such other lands by the exercise of the powers of this or the special Act, or any Act incorporated therewith.

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