Page:Halsbury Laws of England v1 1907.pdf/699

 —— — Part

I.



Eeferences by Consent out of Court.

477

Copies of the affidavits intended to be used on the hearing of the motion should be served together with the notice, but the Court has power to dispense with the observance of this requirement (t) Affidavits by the arbitrator or umpire maybe used (it), for the evidence of an arbitrator or umpire is admissible upon every point w^hich may be considered to be a matter of fact with reference to the making of the award he may state what course the proceedings took before him, what claims were made by either party, and what claims were admitted but his evidence is not admissible to explain, or to aid, or to contradict his award (x). The costs of an application to remit or set aside an award are in the discretion of the Court (ij). From the decision of the Court on any such application an appeal lies to the Court of Appeal without leave (z).

Sect. 14.

Remission or setting

.

aside of

Award. Evidence on motion,





Sub-Sect.

2.

Bemission

to

Costs.

Appeal.

Arh'trator for Eeconsideration.

994. There are four grounds on which an award may be remitted Grounds for umpire (a). They are remission.

to the reconsideration of the arbitrator or

the following (1) That there

some

on the face of the award, ambiguous or uncertain (&) (2) That the arbitrator or umpire has admittedly made some mistake, and desires the award to be remitted in order that he may correct it, as, for example, where the arbitrator made his award without having seen the submission, and the award therefore did not deal with the matters referred (c), or where the arbitrator omitted by mistake to give credit for a payment which had been duly proved {d), or made some mistake as to the principle on which he based his award (e); (3) That material evidence, which could not with reasonable as, for

is

defect patent

example, where the award

is

{t) R. S. C, Ord. 52, r. 4. See Hampden v. Wallis (1884), 26 Oh. D. 746, and Rendell v. Grundy, [1895] 1 Q. B. 16. The Court has power to make an order under E. S. C, Ord. 31, r. 18, for inspection of documents referred to in any affidavit a copy whereof has been served with the notice of motion, notwithstanding the fact that the original affidavit is not on the file {Re Fenner and Lord, [1897] 1 Q. B. 667). {u) Mills V. The Master etc. of Society of Boiuyers (1856), 3 K. & J. 66. {x) DuJce of Buccleuch v. Metropolitan Board of Works (1872), L. R. 5 H. L. 418, 462 Re Dare Valley Bail. Co. (1868), L. R. 6 Eq. 429. 1889 (52 & 53 Vict. c. 49), s. 20: "Any order made (?/) Arbitration Act, under this Act may be made on such terms as to costs or otherwise as the authority making the order thinks just." (z) The appeal is an interlocutory, and not a final, appeal {Re Delagoa Bay Rail. Co. and Sir T. Tancred (1889), 61 L. T. 343). (a) Re Montgomery Jones & Go. and Liehenthal & Co. (1898), 78 L. T. 406, per Chitty, L.J., at p. 409. (b) Ellis v. Desilva (1881), 6 Q. B. D. 521 Re Fearon and Flinn (1869), L. R. 5 C. P. 34. (c) Re Stringer and Riley Brothers, [1901] 1 K. B. 105. {d) Flynn v. Robertson (1869), L. R. 4 C. P. 324 and see Re Hall and Hi)ids

'





(1841), 2

Man. & G.

847.

(e) Mills y. The Master etc. of Society of Boiuyers, supra; and see Binnv. Blake (1875), L. R. 10 0. P. 388 and compare Allen y. Grenslade (1875), 33 L. T. 567; Greenwood & Co. y. Broivnhill & Co. (1881), 44 L. T. 47.

(1) Patent

defect on

award. (2) Mistake by arbitrator.

(3) Fresh evidence obtained.