Arbitration ACT, 1892; With the Rules of 24th March, 1893, Forms and Notes of Cases

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893. Excerpt: ... ARBITRATION ACT, 1892. 55 Vict. No. XXXII. An Act to amend and consolidate the law relating to Arbitration. Assented to 31st March, 1892. yTHEKEAS it is expedient to amend and Preamble. consolidate the law relating to Arbitration: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:--References by Consent out of Court. 1. A submission (a), unless a contrary intention is Submission to be irrevo expressed therein, shall be irrevocable (6), except by cable, and to tlclVG effect E1S leave of the Court or a Judge, and shall have the same an order of effect in all respects as if it had been made an order of Court' Court. (a) A submission is defined by s. 27--" A written agreement to submit present or future differences to arbitration whether an arbitrator is named therein or not." As to imperfect submissions. Mason v. Haddan; Randell, Saunders & Co. v. Thompson; 55,Vict. No. 32. Waiters v. Morgan; Rainforth v. Hamer; Camp bell v. Vickery; Deutsche, Springsleffe, Gassellchaft v. Briscoe. Tn the Caerleon Tinplate Company v. Hughes and another (v. 7 Times Law Reports p. 619), similar sections (Nos. 1 and 27) were considered. Mr. Justice Denman: "Section 27 expressly provided that a submission to arbitration should be taken to mean an agreement in writing--that is an agreement in writing signed by either or both the parties or by an agent on behalf of both... The sold note contained no arbitration clause; it was therefore no submission to arbitration which could be enforced within the Act." (In re Lewis, 1 Q.B.D. 724, cited and approved.) Goodson v. Brooke. Where an agreement to re...