Page:Halsbury Laws of England v1 1907.pdf/911

 Index. ARBlTRATlOli^—conHnved. action, in respect of matter included in submission, 445 remuneration of arbitrator recovered by, 472 Act of Parliament, reference under, 492 agent, power of, to submit to arbitration, 442 agreements, what, amount to submission, 440 (i)

agricultural holding, 263—266, 273, 492 compensation for improvements, 263 fixtures,

—266

273

appeal from decision on application to compel statement of special case, 465 reference for

trial,

491

high court, 481 order of reference for trial, 488 appointment of arbitrator or umpire, 455 457, 460 by the Court, 455—457 set aside by Court, 460 sole arbitrator refusing to act, 456 three arbitrators, 457

—

two

arbitrators, 456, 460 umpire, 457 where not provided for in written submission, 455 arbitrator or umpire, acquiring interest in subject-matter, 480 appointment of, 455 457 may be set aside, 460 conduct of arbitration, 460 462 correction of clerical mistake in award, 458 costs, power as to, 447, 458, 470 death of, 456, 460 delegation of authority, 458, 480 enlargement of time for making award, 458 examination of parties and witnesses on oath, 458 exceeding authority, attendance of party under protest, 462 expert advice, 458 functus officio, 459 hospitality, accepting, 480 impropriety of, acting, 453 incapable of acting, 456, 460 legal assistance, 459 liability, 459 misconduct, 459. 478 mistake, 450, 477, 479 negligence not amounting to fraud, 459 powers, 457—459 statutory, 458 reference by consent under order of Court, power to direct how judgment should be entered, 483 ordered by Court, award equivalent to verdict of jury, 482 deemed an officer of the Court, 482, 484 refusal to act, 456, 460 evidence, 479 hear removal for misconduct, 459 remuneration, 471 473 on reference for trial, 491 special case, statement of. See special case, arbitrators not acting together, 479 attachment, enforcement of award by, 474 award, alteration, 470 ambiguity, 468, 477, 479 clerical error, 470 collateral writings unattached, 468 conditional, when good, 469 condition precedent to right of action, 22, 445 defect in, patent, 477 determination of all differences, 469 effect, 470 enforcement, 473 476 error in law on its face, 479 execution, 470 finality, 447, 469

—

—

—

—

H.L.— I.

(

41

)

YY