HL Deb 15 March 1934 vol 91 cc248-50

Amendment reported (according to Order).

Clause 5:

Provisions relating to umpires.

(3) At any time after an umpire has entered on a reference in lieu of the arbitrators, whether under the provisions of this section or otherwise, any of the arbitrators may give evidence or act as an advocate on behalf of any party to the reference.

LORD ASKWITHmoved to leave out subsection (3). The noble Lord said: My Lords, In consequence of opinions expressed by my noble and learned friend Lord Atkin, I proposed in this clause to insert some words showing that in cases where an arbitrator having shed his power of arbitration gave evidence he should be allowed to do so, and to leave out the words "or act as an advocate"; but on consideration of the whole clause it appears that it would be unwise to throw doubt on the decision which was given in the case where he was allowed to appear as an advocate or to separate the two commercial cases which were then tried. In those circumstances I ask leave to withdraw the subsection so as to leave the existing law, whatever it may be, to continue in those cases until or unless one or other of them is overruled in another Court. I beg to move.

Amendment moved— Page 3. line 38, leave out subsection (3). —(Lord Askwith.)

On Question, Amendment agreed to.

Clause 9:

Statement of case by arbitrator or umpire.

9.—(1) An arbitrator or umpire may, and shall if so directed by the Court, state:—

  1. (a) any question of law arising in the course of the reference; or
  2. (b) an award (including an interim award) or any part of an award,
in the form of a special case for the decision of the Court.

LORD ASKWITHmoved, in paragraph (b) of subsection (1), to leave out "including an interim award." The noble Lord said: My Lords, This is really anticipating an addition which I propose to move to Clause 20 to show that a reference to an award shall mean also an interim award. It would be ludicrous otherwise, because in many cases a large amount of the claim may not be in dispute and the rest may have to go to trial. If the award was to be held up until the final settlement was made the arbitration might become almost futile. Attention was called to the matter in an Amendment which was put on the Paper by my noble friend Viscount Bertie, but he was not here to move that Amendment. Therefore, I now move to leave out the words "including an interim award" with a view to clearing the way for a later Amendment on the Paper.

Amendment moved— Page 5, line 8, leave out ("including an interim award").—(Lord Askwith.)

On Question, Amendment agreed to.

Clause 16:

Limitation of time for commencing arbitration proceedings.

(5) Any such notice as is mentioned in subsection (4) of this section may be served either:—

  1. (a) by delivering it to the person on whom it is to be served; or
  2. (b) by leaving it at the usual or last known place of abode in England of that person; or
  3. (c) by sening it by post in a registered letter addressed to that person at his usual or last known place of abode in England;
and where a notice is sent by post in manner prescribed by paragraph (c) service thereof shall, unless the contrary is proved, be deemed to have been effected at the time at which the letter would have been delivered in the ordinary course of post.

LORD ASKWITHmoved, in subsection (5), immediately after paragraph (c), to insert" as well as in any other manner provided in the arbitration agreement." The noble Lord said: My Lords, I move that these words be inserted to prevent the possibility of a submission to arbitration where it was agreed that reference should be made for certain purposes being overruled by the precise terms of the clause. Therefore, as the noble and learned Viscount on the Woolsack, and I myself, made statements that the proper manner in which to provide for this was in the agreement itself, I beg to move this Amendment.

Amendment moved— Page 8, line 23, at beginning insert ("as well as in any other manner provided in the arbitration agreement").—(Lord Askwith.)

On Question, Amendment agreed to.

LORD ASKWITH

My Lords, the next Amendment on the Paper is to correct a clerical error. I beg to move.

Amendment moved— Page 8, line 30, leave out ("applied") and insert ("applies").—(Lord Askwith.)

On Question, Amendment agreed to.

Clause 20 [Citation, interpretation, application, repeal and commencement]:

LORD ASKWITHmoved to insert after subsection (2): (3) References in this Act and in the principal Act to an award shall include references to an interim award.

The noble Lord said: My Lords, this is the subsection to which I have already alluded. I beg to move the insertion of the words on the Paper.

Amendment moved— Page 10, line 10, at end insert the said new subsection.—(Lord Askwith.)

On Question, Amendment agreed to.