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 — Part

III.

References under Act of Parliament.

The provisions of the Arbitration Act, 1889, apply to every statutory arbitration, as if it were a reference by consent out of Court, except in so far as that Act is inconsistent with the special Act regulating the arbitration, or with any rules or procedure Sometimes the Act authorised or recognised by such Act (s). which regulates the arbitration expressly provides that the Arbitration Act, 1889, shall not be applicable {t). Sometimes only a part of the Arbitration Act, 1889, is expressly And frequently the Act which regulates the arbitraexcluded tion, although it does not expressly exclude any of the provisions of the Arbitration Act, 1889, contains provisions which are inconsistent with, and override, those of that Act for example, provisions with regard to the appointment of the arbitrator. But the provisions of the Arbitration Act, 1889, are not inconsistent with provisions as to the same subject-matter contained in the Act regulating the arbitration if they can be read together ^

49B Part hi. References

under Act of Parliam ent,

where Act

is

f^^^^

special

incon"^^^^

^^.^^^^^^1^^^"

^^t 1889, only partly excluded,



without any conflict (x). Where the Act regulating the arbitration neither excludes nor is Where no inconsistent with the Arbitration Act, 1889, a statutory arbitration e^-g^^'g'*^"^ resembles a reference by consent out of Court. The arbitrator has power to administer oaths, to state a case for the opinion of the High Court (?/), to call for the production of documents, to obtain professional assistance in drawing his award (z), and to correct any clerical mistake or error arising from an accidental slip or omission and the Court has power to secure the attendance of in an award witnesses by subpoena or habeas corpus, to order the statement of a special case, to set aside the award or remit it to the arbitrator for reconsideration, to enlarge the time for making an award, and to remove an arbitrator for misconduct.

(s) Arbitration Act, 1889 (52 & 53 Yict. c. 49), b. 24: "This Act shall apply to every arbitration under any Act passed before or after the commencement of this Act as if the arbitration were pursuant to a submission, except in so far as this Act is inconsistent with, the Act regulating the arbitration or with any rules or procedure authorised or recognised by that Act." It has been held that the Act applies to arbitrations under previous statutes unless the inconsistency is such as to render the earlier statute unworkable see Be Kniylit and Tabernacle Permanent Building Society, [1891] 2 Q. B. 63 Baxter v. Midland Bailway (1905), 93 L. T. 538; Be Gollings and Tradesmen's Friendly Society, Betei^boroiig'h



(1891), 64 L. T. 775; HotulettY. Mayor etc. of Maidstone, [1891] 2 Q. B. 110; Soiuerhy Urban District Council and Mytholmroyd Urban District Council (1896), 74L. T. 313; Hodson v. Baihuay Passengers' Assurance Co., [1904] 2

Be

K. B. 833. it) The Conciliation Act, 1896 (59 & 60 Vict. c. 30), and the Workmen's Compensation Act, 1906 (6 Edw. 7, c. 58), contain provisions to that effect. ill) Thus the Building Societies Act, 1894 (57 & 58 Yict. c. 47), and the Eriendly Societies Act, 1896 (59 & 60 Yict. c. 25), expressly exclude the provisions of the Arbitration Act, 1889, which empower the Court to order the statement of a special case. [x) Be Kniglit and Tabernacle Permanent Building Society, supra, and, on appeal, [1892] A. 0. 298. In that case the special statute gave the arbitrator a discretionary power to state a case, and it was held by the House of Lords that the Court could exercise the power given by sect. 19 of the Arbitration Act, 1889, to order a case to be stated. [y) See Be Gonty and Manchester, Sheffield, and Lincolnshire Bail. Co., [1896} 2 Q. B. 439. (z) See Be Coily er- Br i stow & Co., [1901] 2 B. 839.

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