Treatise on the Law of Arbitration in Scotland: With an Appendix of Forms and Excerpts from Statutes Relating to Arbitration

James Campbell Irons

W. Green, 1903 - Arbitration and award - 618 pages

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Title Page

Table of Contents

Index

INTRODUCTION ARBITRATION GENERALLY	1

PART I	9

Husband and Wife	11

Minors	12

Corporations	13

Consignee with Power of Sale	15

Executors	16

Judicial Factor	17

Arbiters cannot go beyond Claim	274

Question of Law arising	276

Promoters cannot of Consent limit their Statutory Powers	277

What Compensation includes	280

Compensation for RemovalFixtures	281

Depreciation of Goodwill	282

Remoteness of Damage	283

Compensation for Agricultural Land	284

Trustee under Deed for Behoof of Creditors	18

Limited Liability Companies	19

WHAT QUESTIONS MAY BE REFERRED	21

Conciliation of Workmen	28

Local Government Act Parish Councils	34

HOW QUESTIONS MAY BE REFERRED TO ARBITRATION	45

SUBMISSIONS BY AGREEMENT	51

POWER OF ARBITER TERMINATED BY DELIVERING AWARD	56

AGREEMENT TO REFER FUTURE DISPUTES TO ARBITRATION	58

ANCILLARY SUBMISSIONS	72

SUBMISSIONS UNDER STATUTE	111

PART II	117

THE PRINCIPLES BY WHICH THE ARBITER SHOULD BE GUIDED	126

TO WHAT DATE JURISDICTION EXTENDS	132

DUTY OF JOINT ARBITERS	167

CHAPTER V	183

Waterworks	194

AWARD MUST BE CERTAIN	201

AWARD THOUGH BAD IN PART MAY BE GOOD FOR THE REMAINDER	209

CHAPTER VI	216

CHALLENGE AT COMMON	223

DIRECTIONS AFFECTING THIRD PARTIES	224

Grounds of Challenge	229

ARBITERS REMUNERATION	230

Arbiter may Stipulate for Fee	231

Agreement as to Fee may be inferred	232

LIABILITY OF ARBITER AT LAW	234

Liability of Arbiter when a Depositary or Stakeholder	235

EVIDENCE OF ARBITERS	236

Refusal of Proof	238

Explanations by Arbiter	239

Form of Appointment	240

Remuneration	242

CHAPTER VIII	244

WHAT MAY BE REFERRED	245

b What are Differences	247

How QUESTIONS MAY BE REFERRED	248

Authentication of Notice	249

Second Notice	250

Claimi	252

Claim must be for Definite Amount payable at once	253

Claim should be for Compensation for all Present and Future Damage	254

How Compensation is fixed	255

Compensation fixed by Jury	256

Yearly Tenant	257

Counter Notice	258

Form of Counter Notice	259

Appointment of Arbiters	260

Party failing to Nominate	261

Parties cannot revoke Appointment	262

Death of Arbiter	263

Duration of Arbiters Powers	264

Power of Prorogation	265

PROCEDURE IN THE REFERENCE	268

Power of Arbiter to consult Men of Skill	269

Oversman and Prorogation	270

Power of Parties to extend Submission	271

Arbitration Act 1894	272

Arbiters no Right to deal with Questions of Right or Title	273

Compensation payable to Tenant or Lessee	285

No Compensation if Tenancy terminated before Disturbance	286

Special Rights or Agreements	287

Promoters and Reserved Rights	289

Suitability of Land for Special Purposes	291

Mines and Minerals	292

Lands Clauses and Railway Clauses Acts	294

Prospective Future or Potential Value of Lands	295

Interest payable on the PurchaseMoney	296

COMPENSATION FOR INJURIOUS AFFECTION OF LANDS	298

No Compensation due in Scotland unless Land taken	299

Notice not Requisite where Land not taken	300

Corresponding Sections of the Scotch and English Acts	301

1 Damage must be Result of Statutory Authority	304

2 Damage must be of such Nature as but for the Statutory Authority would have formed a good Ground of Action	305

3 Damage must be Injury to Property not merely Personal or to Trade	307

4 Damage must be caused by the Execution of the Works and not by the subsequent Use	308

WHAT CONSTITUTES INJURY TO LAND	310

Light and Air	312

Water Rights	313

Smoke Dust Vibration etc	314

Mines and Minerals	315

Severance	316

Setoff	317

MISCELLANEOUS CLAUSES IN THE ACT RELATING TO ARBITRATION	318

Expenses of Arbitration in Case of Valuation	319

Promoters may insist on Purchase where Expense of Bridges etc exceeds the Value	320

Common Lands	321

Omitted Interests may be purchased by Promoters	322

Promoters to pay Expenses of Litigation as to Omitted Interests	323

Superfluous Lands to be offered to certain Owners before Disposal	324

AWARD UNDER THE LANDS CLAUSES ACT	325

Duty of Arbiter in making his Award	326

What Arbiter may award	328

PlansAre Arbiters bound by same?	329

Interest on Sum awarded	330

Promoters Expenses	331

Claimants Expenses	333

Arbiters Rights and LiabilitiesRight to Remuneration	335

Evidence by Arbiter	336

Servitudes are extinguished by Compulsory Acquisition of Land	341

Entry before PurchaseSecurityDepositInterest on PurchaseMoney	342

Limitation or Qualification of Promoters Rights	343

No Subsequent Liability on Promoters for FeuDuties or Casualties	344

Arbitration Statutedisconform to	345

CONSEQUENCES OF AWARD	346

Where Execution of Deed directed	352

Award as a Bar to an Action	361

Mode of Review	367

Award not a delivered Deed	405

FAILURE OF THE REFERENCE	412

Grounds of Challenge of a Foreign Award	418

Workmens Compensation	431

52	580

95	592

Crown Departments	593

96	598

CRIMINAL MATTERS	618

Common terms and phrases

23 June action aforesaid agent agreed agreement amount apply appointed arbiter's arising authorised award Caledonian Railway Caledonian Rly claim claimant clerk compensation competent consent contract Court held Court of Session damage decerned decision decree decree-arbitral deed determine devolution difference dispute Edinburgh effect England entitled ex facie execution expenses fixed Glasgow ground hereby House of Lords injuriously affected interdict interest interim interlocutor judge judicial reference July June jurisdiction jury Lands Clauses Act lease liable Lord Ordinary matters Metropolitan Board minute nominate North British Rly notice to treat objection opinion oversman owner paid parties payment person proceedings pronounced proof prorogation pursuer question Railway Clauses railway company reduction referee refused respect rule Russell Sheriff Sheriff Court sole arbiter special Act Staffordshire statute statutory submission submitted supra tenant thereof tion trustee ultra vires umpire Vict Writing Promoters

Bibliographic information

Title	Treatise on the Law of Arbitration in Scotland: With an Appendix of Forms and Excerpts from Statutes Relating to Arbitration
Author	James Campbell Irons
Edition	reprint
Publisher	W. Green, 1903
Original from	the University of Michigan
Digitized	17 Jan 2012
ISBN	0414008200, 9780414008205
Length	618 pages

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