Russell On the Power And Duty of An Arbitrator And the Law of Submissions And Aw
Russell On the Power And Duty of An Arbitrator And the Law of Submissions And Aw
Francis Russell
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" The justice before whom the declaration is made need not be a justice of the county or place where the dispute arises or the lands in respect of which compensation is claimed are situated {Davics v. South Staffordshire Bail Co. (1851), 21 L. J. (M. C. ) 52). Many special Acts which provide for arbitration incorporate the Lands Clauses Act, 1845, and an arbitrator or umpire appointed under any such special Act must be careful to make the required declaration before he enters on the considerati...on of the matters referred to him. An umpire need not make the declaration before the arbitrators have performed any part of their functions. It is enough if he makes the declaration before exercising any part of his own functions {In re Bradshaw and East and West India Docks, &c. (1848), 12 Q. B. 562; 17 L. J. Q. B. 362). In this case an umpire who was appointed on the 17th, and made his declaration on the 27th of the same month, before he entered on the matter referred, was held to have made it in due time.
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