Stay of Legal Proceedings.—If any party to a submission commences any legal proceedings in any Court against any other party to the sub mission, in respect of any matter agreed to be referred, that Court, upon application being made, will stay proceedings if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission. The question whether the matters in dispute are or are not within the submission is one which the Court will decide, unless the parties have expressly referred that question also to the arbitrator. Inconvenience and unsuitability are not a sufficient reason ; nor is it that the dispute is one of law only ; or that the arbitrator is possibly biassed. On the other hand, charges of fraud, dishonesty, or anything criminal would probably be held by the Court as too serious to be tried by an arbitrator. So too an arbitration would not be enforced where the arbitrator had absolutely prejudged the case. But an arbitrator may even adjudicate on a question of his own skill. The Court must also be satisfied, before staying legal proceedings, that the applicant was at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration.
Appointment by the Court.—The Court itself will appoint an arbitrator, umpire, or third arbitrator in the following cases :—(a) Where the sub mission provides that the reference shall be to a single arbitrator and the parties do not all agree as to who shall arbitrate. (b) If an appointed arbitrator refuses to act or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied, and the parties do not supply the vacancy. (c) Where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator and do not appoint him. (d) Where an appointed umpire or third arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied, and the parties or arbitrators do not supply the vacancy.
Where by the terms of the submission the reference is to two arbitrators, one to be appointed by each party, and an arbitrator does not act, the party appointing him may, unless the submission expresses a contrary intention, appoint a new arbitrator in his place. If such party fails to make such further appointment, the other party may appoint his own arbitrator to act solely in the reference. The Court may, however, set aside such an appoint ment.
Powers of Arbitrator. — The arbitrators or umpire acting under a submission shall, unless the submission expresses a contrary intention, have powqr (a) to administer oaths to, or take the affirmation of the parties and witnesses appearing ; (b) to state an award as to the whole of the issue or part thereof in the form of a special case for the opinion of the Court ; (c) to correct in an award any clerical mistake or error arising from any accidental slip or omission.
Witnesses may be summoned by subpoena. The time for making the award may be extended by the Court, and awards may be remitted back by the Court for reconsideration by the arbitrators or umpire.
Misconduct of Arbitrator.—`V here an arbitrator or umpire has miscon ducted himself the Court may remove him, and in the event of such miscon duct, or the arbitration or award having been improperly procured, the Court may set the award aside. Fraud or corruption is misconduct ; though if the parties agree that the question of fraud on the part of the arbitrator shall not be raised, the Court will not take notice of it. Excessive and extravagant charges by an arbitrator made by him as part of his award may amount to misconduct ; as also might the refusal of a bond fide request to state a case. An arbitrator who intentionally decided contrary to law would be guilty of gross misconduct ; so also would one who purchased one of the parties' interest in the subject-matter of the dispute, without the knowledge of the other arbitrator or umpire. In order that a mistake of law or fact shall be ground for setting aside an award, it must be shown that the arbitrator has been corrupt or has exceeded his jurisdiction, or that new material evidence has been discovered since the award.
Enforcing award.—An award on a submission may, by leave of the Court or a judge, be enforced in the same manner as a judgment or order to the same effect. By this a successful party to an arbitration is placed in as good a position and can use the same means by execution or otherwise, to obtain the fruit of his success, as a successful party to regular litigation.
References under Order of Court.—In any cause or matter, other than a criminal proceeding by the Crown, the Court may order trial before a special referee or arbitrator respectively agreed on by the parties, or before an official referee or officer of the Court. But all the parties interested who are not under disability must consent ; or the cause or matter must require pro longed examination of documents or scientific or local investigation which cannot in the opinion of the Court be conveniently made before a jury or conducted by the Court through its other usual officers ; or the question in dispute must consist wholly or in part of matters of account. The report thereon will be equivalent to the verdict of a jury.
Stamp duties on awards, payable in EuglAnd, Scotland, and Ireland, in any case in which an amount or value is the matter in dispute.
Where no amount is awarded, or the amount or value awarded does not exceed £3 . 0 3 Where the amount oiI value awarded— Exceeds £5 and does not exceed £10 . . 0 0 6 „ £10 ff 79 £20 . . 0 1 0 „ £20 99 £30 . . 0 1 6 „ £30 £40 . 0 .2. 0 „ £10 St ,, £50 . 0 2 6