Page:Halsbury Laws of England v1 1907.pdf/669

 — Part (iv.)

—

—

References by Consent out of Court.

I.

447

The parties to the reference, and all persons claiming through them respectively, must, subject to any legal objection,

Sect.

1,

The

produce all relevant documents in their possession or Submission. power, and do all other things during the proceedings on the reference which the arbitrators or umpire may require (v.)

(vi.)

if

the arbitrators or

umpire think fit, be examined on oath or affirmation (in). The award is final and binding on the parties to the submission and the persons claiming under them respectively

(vii.)

{I).

The witnesses on the reference must,

(o).

The

costs of the arbitration of the arbitrator (p).

Sub-Sect.

7.

and award are

Alteration

in the discretion

and Amendment.

948. Save by consent of the parties thereto, a submission to arbitration cannot be altered or amended {q). At any time before the award is made the parties may by mutual agreement alter or amend the terms of the submission, but the arbitrator or umpire has no power so to do (r). Any alteration or amendment of a submission constitutes a fresh submission incorporating such of the terms of the original submission as remain unaltered (s). Therefore, if it is intended that the provisions of the Arbitration Act, 1889, should apply to the reference, the alteration or amendment must be made in writing and signed on behalf of the parties thereto if the alteration or amendment be made orally, the submission becomes an oral submission, and the Arbitration Act, 1889, has no application.

May

be made consent of

P^^^^®^-

Alteration or

amendment

new

submission,



Sub-Sect.

8.

Stamps,

949. A submission to arbitration made under seal must be stamped with a deed stamp of ten shillings (0A submission to arbitration made under hand only must be them

respectively" must be restricted to such persons as are bound by the submission. (/) Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 2, Sched. I. (f). (m) Ih'd., s. 2, Sched. I. (g). (n) Ibid., s. 2, Sched. I. (h), which provides that the award is to be final and binding on the parties and the persons claiming under them respectively " but it is conceived that the words " persons claiming under them " must be restricted to persons who are bound by the submission. (o) Ibid., s. 2, Sched. I. (h). (p) Ibid., s. 2, Sched. I. (i). Iq) Smurthwaite v. Richardson (1863), 15 C. B. (n. s.) 463; Morgan v. Tarte Houghton v. Bankart (1861), 3 De G. F. & J. 16. See also (1855), 11 Exch. 82 Vanderbyl v. McKenna (1868), L. E. 3 C. P. 252. (r) For example, the arbitrators cannot restrict the time allowed for making the award {Re Morphett (1845), 2 Dow. & L. 967). (s) Greigy. Talbot (1823), 2 B. & C. 179; Uvans v. Thomson (1804), 5 East, And see Stephens v. Lowe (1832), 9 Bing. 32 Brown v. Goodman (1789), 189. 3 Term Eep. 592, n. (b) R. v. Bingham (1829), 3 Y. & J. 101. {t) Stamp Act, 1891 (54 & 55 Yict. c. 39), ss. 1, 2; Sched. I., "Deed." The





duty must be denoted by an impressed stamp.

Submission under hand Q^ly^

.



Submission under seal.