Page:Halsbury Laws of England v1 1907.pdf/661

 — — Introduction.

489

Part I. regard to references by consent out of Court are applicable, and Introducconstitute a code regulating the reference throughout (a) tion. In references under order of Court the matter referred may be either the whole action pending before the Court or some particular Keferences question or issue arising therein, and the authority of the referee or under order of arbitrator is derived from the order of the Court directing the Court. reference. The provisions of the Arbitration Act, 1889, with regard to references under order of Court, supplemented by the Eules of the Supreme Court, govern references of this description (b). In references under an Act of Parliament, the subject-matter of Eeferences the reference is prescribed by, and the authority of the arbitrator under Act of Parliament. is derived from, the particular statute in question. In some cases the statute either expressly excludes the application of the Arbitration Act, 1889, or renders its application dependent on the agreement of the parties, but in all other cases of what for convenience may be termed statutory arbitrations, the provisions of the Arbitration Act, 1889, except in so far as they may be inconsistent with the particular statute which regulates the arbitration in question or with any rules or procedure authorised or recognised by that .

statute, are applicable

Part

I.

(c).

— References

by Consent out of

Court. Sect.

941. Every reference in a submission {d).

1.

The Submission,

by consent out

Sub-Sect

1.

of

Court must originate

Definition.

At common law a submission to arbitration is an agreement {e) or more parties between whom some difference has arisen or may thereafter arise (/), whereby they appoint another person to adjudicate upon such difference, and agree to be bound by his decision thereon. The person appointed to adjudicate upon the difference is called an arbitrator. Where two arbitrators are appointed, and the submission provides that, in the event of their

made by two

.

disagreement, the matter in dispute shall be referred to the decision such third person is called an umpire.

of a third person,

Arbitration Act, 1889 (52 & 53 Vict. c. 49), ss. 1—12, 18—23, 25—29. Ibid., ss. 13—17, 18—23, 25—29; E. S. C, Ord. 36, rr. 45—55 c. (c) Ibid., s. 24. "This Act shall apply to every arbitration under any Act passed before or after the commencement of this Act as il the arbitration were pursuant to a submission, except in so far as this Act is inconsistent with the Act regulating the arbitration or with any rules or procedure authorised or recognised by that Act." See, as to such references, p. 492, post. (d) Bac. Abr. tit. Arbitrament and Award (B), (D). (e) The agreement between the parties may incorporate the provisions for arbitration which are set out in some other document {Temjperley Steam Shipping Co. V. Smyth & Co., [1905] 2 K. B. 791). (/) WiUcox V. Storkei/ (1866), L. E. 1 0. P. 671. For forms of submission of future differences, see Encyclopaedia of Eorms, Yol. II., pp. 90 et secj. {a) {h)

(X)

At com-

"^^^