Page:Halsbury Laws of England v1 1907.pdf/916

 Index. AUBITB.ATIO'^— continued. special retevee— continued.

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on reference for trial, 487 492 appointment must be agreed to by conduct of reference, 489 decision, 490

parties,

488

appeal from, 491 time for, 489 powers,

488—492 as to costs, 490

remuneration, 491 special case, statement

of,

489

statutory arbitrations, 439, 492 generally equivalent to reference by consent out of Court, 492 stay of legal proceedings pending arbitration, 27, 445, 451 455 applicant ready to do everything proper for arbitration, 453 conditions of obtaining, 451 453 discretion of Court, 454 costs of application for, 455 Court, power of, to order, 451 fraud charged, 453

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grounds for refusal, 453 impropriety of arbitrator acting, 453 part only of matters in dispute, 454 party refusing to appoint his arbitrator where three are required, 457 question only of law, 454 relief unobtainable before arbitrator, 454 step in proceedings, application before, 452 step in proceedings, what amounts to, 452 subject matter of reference, 444 criminal matter, 444 illegal transaction, 444 submission, 439 451, 487 agreements, what, amount to, 440 (i) alteration or amendment only by parties, 447, 448 constitutes fresh submission, 447 Arbitration Act, 1889, under, 441 at common law, 439 441 bonds, by, or by deed, or in writing, 440, 448 capacity to make, 442 conferred by statute, 443 clauses of, 446 death of party, 443, 450 effect of, 445 incomplete at common law until arbitrator appointed, 441 oral, 440 (A), 465, 475 order of Court to refer " all matters in dispute," 487 ousting jurisdiction of Court, 445 parties, 442 persons bound, 443 provision for award stated in form of special case, 467 revocation at Common Law, 448 leave of Court necessary on written submission, 449 when leave granted, 449 rule of Court, written submission has effect of, 474 stamps, 447 trustee in bankruptcy not usually bound by bankrupt's submission, 444 valid though no provision for appointment of arbitrator, 441 suspension of rights of action. See Action, 27 taxation of costs, 471 three arbitrators, when they must concur, 457 time for making award, 462 464 enlargement of, 463 by Court, 464 by consent in writing, 463

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amounts 463

remitted by Court, 464

where made by

arbitrators, 462

umpire, 463 (

46

)

to fresh submission,