Page:Halsbury Laws of England v1 1907.pdf/695

 — Part

I.

—— References by Consent out of Court.

473

there was no implied promise by the parties to a submission that but they would pay the arbitrator or umpire for his services (n) this appears to be no longer the law where the reference is to lay and if a lay arbitrator may bring an action on an arbitrators (o) implied promise by the parties that they would pay him reasonable remuneration for his services, there would seem to be no sound reason why a legal arbitrator should not also be entitled to maintain such an action {})).

Sect. 12.

Remuneration of

Arbitrator



Enforcement of Atvard.

Sect. 13. Sub-Sect.

or Umpire.

1.

Bi/

Originating

Summons.

990. Where the submission is contained in a written agreement Leave of the award may, by leave of the High Court, be enforced in the High Court necessary. same manner as a judgment or order to the same effect (q). There is no power to order judgment to be issued on the award, but only power to order that the award may be enforced as a judgment (r) but a person who has obtained leave to enforce an award may subsequently bring an action on the award, and in that manner obtain a final judgment (s). In the King s Bench Division application for leave to enforce an How applicaaward is made by originating summons returnable before a tion made. Master (0 from the decision of the Master there is an appeal to from the judge in chambers to the the judge in chambers Divisional Court {v). Applications for leave to enforce an award are rarely brought in but if brought in that division the the Chancery Division application may be by originating summons or by originating





motion.

(n)

Virany

v.

Warne

(1801), 4 Esp. 47



Burroughes

v.

Clarke {18S1),

1

Dowl.

48. (o) Willis V. WaMeij (1891), 7T.L.E. 604 CramptoiiY. Ridley Co. (1887), 20 Q. B. D. 48 Re Coomhs and Fernley (1850), 4 Exch. 839, 841 Tuckett V. Isle of Thanet etc. Co. (1902), 46 Sol. Joar. 158 Siuinford v. Bar)i (1818), Gow, 5, 8. See also Marsack v. Webber (1860), 6 H. & N. 1, where it was held that where one party pays the arbitrator's fees in order to take up the award and neither party is entitled to costs, the party who has paid the arbitrator's fees can recover a moiety thereof from the other party and compare









Bates V. Toimiley (1848), 2 Exch. 152. {p) See Crampton v. Ridley & Co., supra, per A. L. Smith, J., at p. 54. {q) ''An award on a submission may by leave of the Court or a judge be enforced in the same manner as a judgment or order to the same eSect" (Arbitration Act, 188f9 (52 & 53 Yict. c. 49), s. 12). See Ikiker v. Cotter ill As to the (1849), 7 D. & L. 20; Bowen v. Boiuen (1862), 31 L. J. (q. b.) 193. manner in which judgments or orders of the High Court may be enforced, see B. S. C, Ords. 42, 43, 44, 45, 46, 47, 48 title Execution. (r) Re a Bankruptcy Notice, [1907] 1 B. 478. (s) China Steam Navigation Co. v. Van Laun (1906), 22 T. L. E. 26. [t) E. S. C, Ord. 54, r. 12a; Ex parte Caucasian Trading Corporation, Ltd., Re a Bankruptcy Petition, [1896] 1 Q. B. 368. The summons must be served two clear days before the return thereof (E. S. C, Ord. 54, r. 4e). The respondent is not required to enter an appearance (E. S. C, Ord. 54, r. 4f (3)). ill) E. S. C, Ord. 54, r. 21. Re Frere and Staveley, Taylor (fc Co. and North (y) E. S. C, Ord. 54, r. 23 Shore Mill Co., Ltd., [1905] 1 K. B. 366.

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