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 —— Part

I.

References by Consent out of Court.

471

Where the submission is contained in a written agreement and does not express a contrary intention, the costs are in the discretion of the arbitrator or umpire (s), and he may in his award give such directions on the subject as he thinks proper (t). He may himself tax or settle the amount of the costs {u) or he may direct that they he may himself tax them, or shall be taxed in the High Court {x) may direct that they be taxed, on the solicitor and client scale (y)

Sect. 11.

Costs of the _

Ar bitration,

,





and he may direct by and to whom and in what manner such costs, whether fixed by himself or taxed by an officer of the Court, as the case may be, shall be paid and borne (z). The costs of an arbitration include not only the costs of the What costs preparation of the submission (a) and of the proceedings before included, the arbitrator or umpire and the award, but also the costs of the argument of a special case stated for the opinion of the Court pending the reference (6). Sect. 12.

Remuneration of Arbitrator or Umpire.

989. Where the submission does not express a contrary inten- How umpire may himself fix the amount of his remuneration, and may include it in his award (c). If he includes it in his award, there is no means of taxing or otherwise disputing the amount so fixed by him {d), unless the amount is so unreasonable and excessive that the Court would hold him guilty of misconduct, and on that ground set the award aside (e). Where the reference is to two arbitrators and an umpire, and the tion, the arbitrator or

power to deal with the costs of the award (Be Walker and Brown (1882), 9 Q. B. D. 434). {s) Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 2, Schedule I. (i). Before the Arbitration Act, 1889, an arbitrator had no power to deal with the costs of the costs of the reference includes

arbitration unless such, power was expressly conferred by the submission, see Re Williams and, Stepney, [1891] 2 Q. B. 257. [t) See Re Fearon and Flinn (1869), L. E. 5 C. P. 34, in which, case the submission conferred on the arbitrator power to deal with the costs and he directed the successful party to pay the costs. [u) The submission may direct the arbitrator to fix the costs and in that case lie must do so, and cannot direct that they shall be taxed in Court. See Morgan v. Smith (1842), 9 M. & W. 427. {x) An arbitrator cannot direct the costs to be taxed by some person not an officer of the Court {Knott v. Long (1736), 2 Str. 1025). See {y) Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 2, Schedule I. (i). Malvern Urban District Council v. Malvern Link Gas Co. (1900), 83 L. T. 326. (2) Arbitration Act, 1889 (52 & 53 Yict. c. 49), s. 2, Schedule I. (i). (a) Re Autothreptic Steam Boiler Co., Ltd. v. Townsend, Hook & Co. (1888), 21

Q. B. D. 182. (b) L.e., under sect. 19 of the Act (p. 464, ante) see Re Knight and Tabernacle Permanent Building Society, [1892] 2 Q. B. 613. (c) As to enforcement of the arbitrator's direction with regard to the payment of his remuneration, see Ilicks v. Richardson (1797), 1 Bos. & P. 93 Stokes v. Lewis



(1804), 2 Smith, 12. Sect. 15 (2) of the Arbitration Act, 1889, does not apply to a submission by consent out of Court {Warburg & Co. v. McLCerroiu (1904), 90 L. T. 644). {d) Re Stephens, Smith Co. and Liverpool and Ljondon and Globe Lnsurance Co. (1892), 36 Sol. Jour. 464. _

_

&

(e)

See Re Prebble and Robinson, [1892] 2 Q. B. 602, at p. 604 Fernley Rose v. Redfern (1861), 10 W. E. 91. (1851), 20 L. J. (q. B.) 178

Branson





v.

fixed,