A Treatise on the Law of Arbitration and Awards: Including the Act of Parliament Relating to Arbitrations Between Masters and Workmen: With an Appendix of Precedents
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1846 edition. Excerpt: ...misconduct on the part of the arbitrator as to induce the Court of Common Pleas to set the (i; Boutiilier v. Thick, 1 Dowl. & Ry. 366. (2) S. P. Payne v. Massey, 9 Moore, 666; Cramp v. Symonds, 7 Moore, 434; S. C. 1 Bing. 104. (3) Campbell v. Twemlow, 1 Price, 81. (4) See 9 Yes. jun. 365; 6 Ves. jun. ...
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1846 edition. Excerpt: ...misconduct on the part of the arbitrator as to induce the Court of Common Pleas to set the (i; Boutiilier v. Thick, 1 Dowl. & Ry. 366. (2) S. P. Payne v. Massey, 9 Moore, 666; Cramp v. Symonds, 7 Moore, 434; S. C. 1 Bing. 104. (3) Campbell v. Twemlow, 1 Price, 81. (4) See 9 Yes. jun. 365; 6 Ves. jun. 282; 2 Madd. Rep. 9; 1 Swanst. 59; 14 Ves. 271; sedvide 2 Ball & Bea. 120, contra. U award aside, although the mistake was not disclosed on the award, or on any paper authenticated by the arbitrator. The mistake was, that the arbitrator instead of adding two sums together had subtracted one from the other, and awarded the difference between the two sums, instead of the aggregate of both sums. The rule was supported by an affidavit made by the arbitrator (1). This decision has been since questioned in the Court of Exchequer, although not expressly overruled. In that case it was alleged by the affidavit of one party that the arbitrator had made a mistake, and on pointing it out to the arbitrator he had admitted his mistake. The Court, however, discharged a rule obtained to set aside the award, considering it dangerous to adopt such a principle (2). In the former case the arbitrator made an affidavit, in the latter, the alleged mistake was not stated in any authentic shape. But where a question of law solely is submitted to the decision of an arbitrator, it would appear that the Courts go a step further, and that his award, or opinion, although wrong, is binding upon the parties, as the parties by their submission say, that the decision of the arbitrator shall be the law between them upon the question referred (3). This distinction between a mistake in law, where mixed questions of law and fact are referred, and where questions of law...
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Add this copy of A treatise on the law of arbitration and awards: to cart. $24.01, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2010 by Gale, Making of Modern Law.
Add this copy of A treatise on the law of arbitration and awards: to cart. $27.44, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2010 by Gale, Making of Modern Law.
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