Page:Halsbury Laws of England v1 1907.pdf/686

 — — Arbitration.

464 Sect.

975. In every case the Court can enlarge the time

8.

Time for

the award

for

making

(i).

This power can be exercised not only after the time for making the award has already expired (j), but even after the award has and thus an award which was at the time that it was Enlargement been made of time by made bad on the ground that the authority of the arbitrator had Court. expired can be made valid and enforceable (k). An application to the Court for an order enlarging the time for making an award is made by originating summons returnable before a Master (l), and unless the order otherwise directs the enlargement is for a period of one calendar month (m). Time for Where an award is remitted by the Court to the arbitrator or making award umpire for reconsideration, the award is to be made within three remitted to calendar months from the date of the order, unless the order arbitrator by Court. otherwise directs (n)

Award

etc.



.

Sect.

Special Case for the Opinion of the Court.

9.

Sub-Sect. Statement of special case

on question of law.

No

appeal

from decision on special case.

Hearing of special case.

1.

Statement of Special Case during Reference.

976. If any question of law arises in the course of a reference, the arbitrator or umpire before making his award may, and if so directed by the Court must, state such question in the form of a special case for the opinion of the Court (o). The jurisdiction of the Court in the matter is merely, consultaNo appeal lies from its decision {p). tive. The case may be stated for the opinion of the Chancery or the King's Bench Division of the High Court. If stated for the opinion of the Chancery Division, the case is assigned by ballot in the usual way to one of the judges of that division and comes on for argument in the non-witness list if, as is usually the case, it is stated for the opinion of the King's Bench Division, it is entered at the Crown Of&ce, and comes on for argument before a Divisional Court, consisting of either two or three judges {q). The arbitrator or umpire may state a special case for the opinion of the Court either at the request of a party to the reference or, it would seem, of his own motion, without any such request. He

Mode

of

stating special

And see Re Denton and (r) Arbitration Act, 1889 (52 & 53 Yict. c. 49), s. 9. Strong (1874), L. E. 9 Q. B. 117 Knowles v. Bolton Corporation, [1900] 2 Q. B. 253. (/) See Parkes v. Smith (1850), 15 Q. B. 297. Re May and Ear court (1884), (k) See Lord v. Lee (1868), L. E. 3 Q. B. 404 13 Q. B. D. 688 Re Warner and Poivell (1866), L. E. 3 Eq. 261 ; Browne y. Collyer (1851), 20 L. J. (Q. B.) 426. S. C, Ord. 54, r. 12a; Arbitration Act, 1889 (52 & 53 Vict, (/) E.





c.

49).

s.

9.

{n)

C, Ord. 64, r. 14a. Arbitration Act, 1889 (52

(o)

Ihid.,

(m) E. S.

& 53 Yict. c. 49), s. 10 (2). to state a special case pending the reference is conferred by the statute it does not depend on, and cannot be restricted by, the terms of the submission {Re Hansloh and Relnhold (1895), 1 Com. Cas. 215). For form of special case see Encyclopaedia of Eorms, Vol. II., p. 142. Re Knight and Tabernacle Permanent Building Society, [1892] 2 Q. B. 613. ( p) direction has been given by the Lord Chief J ustice that all special cases {q) s.

19.

The power

A

stated

by

arbitrators pending the reference shall be heard is no appeal from their decision.

because there

by

at least

two judges