Page:Halsbury Laws of England v1 1907.pdf/694

 Arbitration.

472 Sect.

12.

Remuneration of Arbitrator or Umpire.

arbitrators fail to agree, so that the duty of making the award devolves on the umpire, the umpire may include the fees of the arbitrators with his own charges as part of the costs of the

award

the umpire had included his own and the arbitrators' remuneration in the award without specifying how much was in respect of his own charges and how much in respect of those of the arbitrators, the Court remitted the award with a direction that he should state those amounts (g). If the arbitrator or umpire does not include his remuneration in the award, the party liable to pay his charges can, as between himself and the other party to the submission, have the charges

taxed

An

Lien on award.

Remedy

(/).

Where

{h)

lien on the submission and award and the ordinary practice is to charges (i) notify to the parties the amount of his charges as soon as the award is ready, and to retain possession of the award until such charges have been paid. The lien does not extend to documents handed to the arbitrator in the course of the reference (j). If the arbitrator or umpire fixes his remuneration at an unreasonable and excessive amount, the party who has had to pay such amount in order to take up the award can bring an action to recover back the sum whereby such charges exceed what is fair and reasonable {k), unless the amount is included in the award itself, in which case his only remedy is to move to set aside the award or so much of it as relates to the arbitrator's

for the

of

party paying excessive

remuneration.

.

arbitrator or

amount

remuneration Action to recover re-

muneration.

umpire has a

of his



(l)

Where

there is an express agreement by the parties that they will pay him, the arbitrator or umpire can maintain an action to It was formerly held that recover reasonable remuneration (m).

(

f)

Be Ellison and Achroijd

&

1889 (52

53 Vict. s/iawe (1850), 1 Lo. Court.

c.

49),

M. &

s.

1 Lo. M. Schedule I. (i)

(1850), 2,

P. 340,

&

P. 806



Arbitration Act,

and see Threlfall v. Fanwhere the reference was under an order of

Gilbert v. Wright (1904), 20 T. L. E. 164. Be James & Sons, Re PreUle and Eohinson, [1892] 2 Q. B. 602 [1903] W. N. 99, where the umpire had fixed a scale fee depending on the amount of the award and this was disallowed on taxation and see Boberts v. Eberhardt (1857), 3 C. B. (]sr. s.) 482. Where the charges fixed by the arbitrator or umpire include a sum paid by him to his solicitors for preparing his award, the party liable to pay those charges is entitled to tax the solicitor's bill under sect. 38 of the Solicitors Act, 1843 (6 & 7 Vict. c. 73) {Be Colly erBristow & Co., [1901] 2 K. B. 839 ; and compare Galloivay v. Keyiuorth (1854), 15 G. B. 228, where the arbitrator was not allowed to add his solicitor's bill to his {g) (h)





own

fees).

& H. 433. Devon Bail. Co. (1850), 15 Q. B. 1043. {k) Llandrindod Wells Water Go. v. Hawhsley (1904), 20 T. L. E. 241; Fernley v. Branson (1851), 20 L. J. (q. b.) 178 Barnes v. Braitlmaite (1857), 2 H. & N. 569 Barnes v. Hay ward (1857), 1 H. & N. 742 Be Coombs and Fernley (1850), 4 Exch. 839, at p. 841 and compare Dossett v. Gingell (1841), 2 ('/)

Ponsford

U) B.

v. Siuaine (1861), 1 Jo.

V. SoiLth









Man. & G.

870.'

See note (m) Hoggins (1)

(e),

v.

p.

471, ante.

Gordon (1842), 3 Q. B. 466.