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

Front Cover
T. & J. W. Johnson, 1849 - Arbitration and award - 661 pages
 

Contents

CLAUSES IN SUBMISSIONS continued
26
SECTION II
30
Award in ejectment with certificate for immediate
38
APPENDIX OF STATUTES
40
CHAPTER III
48
OF SUBMISSIONS WHICH CANNOT BE MADE RULES
53
MAKING THE SUBMISSION A RULE
58
SECTION IV
64
SECTION VI
76
SECTION VII
90
OF PROCEEDINGS ON THE SUBMISSION WHEN ONE PARTY
100
Page
107
SECTION III
112
Hodgson 201 233
115
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
Cadell 381 390 391 392
171
Spencer 458
181
Power of the arbitrator to call for documents
184
Duty of the arbitrator in deciding points
193
SECTION IV
214
Appointment of umpire by Justices or the Com
216
72
221
Commencement and duration of the umpires
223
CHAPTER V
234
SECTION III
249
THE AWARD MUST BE FINAL
250
SECTION V
277
SECTION VI
287
SECTION VIII
295
SECTION IX
316
When the bad part of the award is inseparable
322
SECTION X
328
THE DUTY OF THE ARBITRATOR IN AWARD
336
SECTION I
337
SECTION IV
355
SECTION V
362
Hemmington 412 479 569
364
OF THE ARBITRATORS POWER AND DUTY IN AWARDING
370
Effect of awarding payment of the costs of
377
745
391
Directions as to payment of money
399
Directions as to giving an indemnity
408
Directions as to what shall be done held void
418
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
The Consequences of the Award
454
Harrop 58
459
Effect of an award on the parties and strangers
464
CHAPTER II
473
Matthews 411
481
SECTION II
551
ENFORCING THE AWARD BY ATTACHMENT
557
Johnson 79
561
SECTION II
567
SECTION III
573
CHAPTER VII
589
SECTION II
595
ENFORCING THE AWARD BY PROCEEDINGS
599
SECTION III
607
CHAPTER IX
613
WITHIN WHAT PERIOD THE MOTION TO SET ASIDE
615
EFFECT OF THE FAILURE OF THE REFER
621
SECTION IV
639
Groote 66 67 68 69 74
641
SECTION V
645
SECTION VI
651
DISCHARGING OR MAKING ABSOLUTE THE RULE TO
655
CHAPTER X
661
IMPEACHING AN AWARD IN EQUITY
665
SECTION I
666
SECTION II
672
THE REFERENCE FAILING PROCEEDING IN THE CAUSE
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
Arbitration clause in a deed of partnership
706
Peremptory appointment
731
Judges order for enlargement of time
738
Preamble introductory to awarding part of award
746
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
420
778
Award by umpire of compensation under the Lands
780
Indebitatus count on an award in assumpsit
786
Declaration in debt on the arbitration bond
793
Better execution of Justice
814
Will IV 1 Vict c 67 ss 1 2 3
828
Public Health
847
Grieve 132
853
Submission by order of Nisi Prius
870
382
877
What kind of satisfaction may be directed
893
Duty in estimating damage from severance
895
619
899
621
912

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Popular passages

Page 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...
Page 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...
Page 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...
Page 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.
Page 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...
Page 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...
Page 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...
Page 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...
Page 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.
Page 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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