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

Cover
Stevens, 1878 - 972 Seiten
 

Inhalt

OF THE TREATISE
1
Civil proceelings at Quarter Sessions
3
Clauses
7
WITHIN
8
SECTION II
10
award
14
CLAUSES IN AWARDS continued
15
182
20
SECTION II
22
Writ of execution on award on compulsory reference
29
HOW MATTERS MAY BE REFERRED TO ARBITRATION
37
Common Law Procedure
39
PAGE
42
Rickman 339 372
44
SECTION III
52
MAKING THE SUBMISSION A RULE OF COURT
53
Matters of account under Common Law Procedure
54
Effect in law of an agreement to refer future disputes
61
Hellyer and Snook In re 678
63
SECTION V
67
SECTION VI
71
ENLARGING THE TIME FOR MAKING THE AWARD
81
After writ
88
134
92
135
99
Almanza
101
Motion for costs under the submission
102
The Power and Duty of the Arbitrator
104
SECTION II
110
OVER WHAT MATTERS THE SUBMISSION GIVES
117
SECTION II
123
CHAPTER III
129
Gauntlett
139
Enlargement by the court under the Common
145
Power and duty of the umpire
155
Duty of the arbitrator to hear the evidence
182
Duty of the arbitrator to receive no evidence unless
188
When arbitrator empowered to proceed ex parte
195
Company
196
Laycock 166 168 193
224
CHAPTER V
240
No stampon award on compulsory reference of action
247
THE AWARD MUST BE ENTIRE
254
Cooth 256 712
256
9
264
SECTION V
281
Vesey 290 519
290
SECTION VI
291
THE AWARD MUST BE POSSIBLE AND CONSISTENT
294
66
295
14
303
15
310
Compulsory reference of appeals under Highway
312
SECTION IX
318
16
319
159
328
CHAPTER VI
330
OF AWARDING ON THE CAUSE WHEN COSTS ABIDE THE EVENT
332
Fitzgerald 61 63
334
SECTION III
345
17
351
SECTION V
356
CHAPTER VII
362
SECTION II
376
566
378
Hassell
384
160
389
Kirkhouse 363
392
SECTION I
396
Directions as to payment of interest
406
Directions as to executing releases
413
2 Directions as to what to be done held valid
418
SECTION III
426
569
429
68
438
161
440
Clause for preventing death from revoking sub
455
CHAPTER X
461
71
462
Hobdell r Miller 352 402 635 676
464
193
465
377
498
Effect of an award on some special matters
501
Effect of an award on a party bankrupt
507
206
511
WHAT A SUFFICIENT PERFORMANCE OF THE AWARD
513
Chawner v Boulter 545
518
CHAPTER III
521
145
522
HOW TO STATE AN AWARD IN PLEADING
526
Death no revocation under the Lands Railways
528
146
529
SECTION IV
532
Fisher v Saunders 166 716
541
CHAPTER IV
548
THE POWER AND DUTY OF THE ARBITRATOR
561
SECTION I
569
CHAPTER VI
582
Berry
583
378
587
318
588
556
596
Starling v Hillen 339 341
597
SECTION III
598
SHOWING CAUSE AGAINST THE RULE TO SET ASIDE AN AWARD
604
Lord Suffield v Preston 248
605
Granger
610
CHAPTER VII
615
149
617
ENFORCING THE AWARD BY PROCEEDINGS IN CH VIII
628
Hopper In re 39 171 210 222 227
634
SECTION III
640
pro tunc
642
CHAPTER IX
647
When award in a cause at common
655
When the award a mistaken decision in law or fact
663
Hunt 332 336 311
665
covered
670
DISCHARGING
688
IMPEACHING AN AWARD IN EQUITY
696
SECTION III
707
CHAPTER XII
713
Submission by agreement
723
Power over costs
724
Parties to abide by award
725
Recital action pending matters referred
726
26
727
OF THE DUTY OF THE ARBITRATOR
728
Award on a reference by order of Nisi Prius on
741
Court power to refer back
743
Appointment by two arbitrators of a third arbitrator
756
XXXVIII
760
150
772
CLAUSES IN AWARDS
777
Award of a stet processus
782
Certificate of arbitrator finding for plaintiff
796
Award on actions crossaccounts mortgages right
802
Award by umpire of compensation under the Lands
813
PROCEEDINGS ON THE AWARD
821
E D C
826
SECTION III
835
Rule absolute to set aside award
837
RELATING TO ARBITRATION
841
PERSONS EMPOWERED TO REFER BY STATUTE
848
Will IV 1 Vict c 67 ss 1 2 3
851
Railways
857
Local Government
868
OF PROCEEDINGS IN THE REFERENCE
880
Party attempting to revoke
882
Duty of all the arbitrators to
883
330
884
OF THE LIABILITY OF THE ARBITRATOR AT
887
582
889
OF DISPOSING OF THE CAUSE WITHOUT DECIDING
902
panies Clauses Acts
913
CHAPTER X
914
SECTION II
918
393
930
When the arbitrator has exceeded his authority
956
SETTING ASIDE
958
OF THE UMPIRE
968

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Beliebte Passagen

Seite 863 - ... the Public Health Act 1848. This provided: That full Compensation shall be made out of the General or Special District Rates to be levied under this Act, to all Persons sustaining any Damage by reason of the Exercise of any of the Powers of this Act...
Seite 857 - ... 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.
Seite 859 - ... and unless the promoters of the undertaking be willing to pay the amount of compensation so claimed, and...
Seite 181 - ... on the trial of any issue joined or of any matter or question, or on any inquiry arising in any suit, action, or...
Seite 616 - Chancellor in matters of 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...
Seite 221 - ... 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.
Seite 861 - 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...
Seite 221 - ... 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...
Seite 91 - The Court or a Judge may direct the trial without a jury, of any cause, matter or issue requiring any prolonged examination of documents or accounts, or any scientific or local investigation, which cannot in their or his opinion, conveniently be made with a jury.
Seite 218 - ... 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.

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