Page:Halsbury Laws of England v1 1907.pdf/912

 Index.

AnBlTUATlO^— continued. award, form, 468 inaccurate recitals, 468 out of time, estoppel, 463 part beyond scope severable, 469 publication, 470 reference by consent out of Court, 468 470 refusal to comply with, contempt of Court, 474 remission, 477

—

scope, 469

burden of proof as

to,

469

stamp, 470

—

stated in form of special case, 466 468. uncertainty, 477, 479 bankruptcy not a revocation of submission, 449 bankrupt's submission to arbitration, 442 company, statutory capacity to refer, 443

See special case,

—

conduct of arbitration, 460 462 absence of one party, 460 evidence on oath, 462 habeas coiyus ad testificandum, 462 submission, directions of, to be followed, 461 suhiicena, 461 time and place, 460 costs of arbitration, 447, 455, 458,

470

in discretion of arbitrator if not contrary to written submission, 471 costs of arbitration, what included, 471 reference for inquiry or report, 488 trial,

490

award

stated in form of, 467 during reference, 466, 471 application to compel, 465 stay of legal proceedings, application for, 453 special casCj

taxation of, 471 counterclaim, application to stay, 451 Court, contempt of, 448, 474 inherent jurisdiction of, to order reference, 482 power of, to order enforcement of award as a judgment, 473 reference, 481 statement of special case, 464 468 remit or set aside award, 459, 476 481 remove arbitrator or umpire, 459 set aside appointment of arbitrator or umpire, 460 stay iegal proceedings, 45 reference under order of, 481 492 rule of, written submission has effect of, 474

— —

—

death of party, 443, 450 arbitrator, 456, 460 documents, prolonged examination, 484, 487 enforcement of award, 473 476 action, by, 475 as a judgment, by leave of High Court, 473

—

application

for

by originating

summons, 473 grounds of opposing, 474 refused when party outside diction, 474 ,

attachment, by, 474 not for non-payment of money, 474 evidence, oiEcial or special referee, before, considered with report, 486 on oath, 446, 462, 489 reconsideration of award by arbitrator, 478 reference for trial, 489 executor or administrator, statutory power to refer, 443 fraud, charge of, ground for refusing stay of legal proceedings, 453 fraudulent concealment of material evidence, 478 func-tus officio, arbitrator may correct clerical errors, although, 470 husband and wife may refer terms of separation, 444 infants, submission to arbitration by, 442 (

42

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