Items related to The law of arbitration and award
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. 1872 edition. Excerpt: ...they are bound.1 1 United States v. Ames, I Woodb. & Min. 76. 2 Russell on Arb., 3d ed. p. 294; Hardy!. Innes, 6 Moore, 574; Johnson v. Durant, 2 Barn. & Ad. 925; Corneforth r. Geer, 2 Vern. 705; Anon., 3 Atk. 644; Richardson v. Nourse, 2 Barn. & Aid. 237.. 3 Broadhurst r. Darlington, 2 Dowl. 38. 4 Ridout v. Pain, 3 Atk. 486; 1 Ves. 11. Cleary v. Coot, 1 Hayw. (N. Car.) 225; see also Morris v. Ross, 2 Hen. & Munf. 408. Distinctions between Professional and Non-Professional Arbitrators.--It has sometimes been made a question whether the court will not set aside an award, on the ground of mistake of the law, when the arbitrator is not a professional man, and decline inquiry into such mistake when he was understood from his profession to be well acquainted with the law. In the courts of law in England some of the earlier cases countenanced this distinction.2 But it never was adopted by equity tribunals,3 and it can no longer be considered to exist.4 Chief Justice Shaw surmises that it was probably originally " taken rather by way of instance to illustrate the position that, when the parties intended to submit the questions of law as well as of fact, the award should be final, but otherwise not." In another case, speaking of the same old doctrine, he says, " But what does this mean? Simply that it is supposed to be intended that the case shall be decided according to law. And do they not intend this in all cases? The rule of court refers contested questions of right to arbitrators; and what are any questions of right but questions of fact first, and then of the rules of law applicable to the facts? "5 Matters of Fact are peculiarly within the Arbitrator's Authority.--Less hesitation has been manifested in treating as conclusive the finding of...
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About the Author:
John T. Morse Jr. (1840-1937) was admitted to the Massachusetts bar in 1862 and wrote widely on public policy, economics, and social theory. He worked alongside Henry Cabot Lodge as an editor of the International Review for many years and was editor of the American Statesmen series. In addition to his legal works, Morse wrote biographies of Alexander Hamilton, Oliver Wendell Holmes, Abraham Lincoln, John Quincy Adams, Thomas Jefferson, and Benjamin Franklin.
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- PublisherRareBooksClub.com
- Publication date2012
- ISBN 10 1150516003
- ISBN 13 9781150516009
- BindingPaperback
- Number of pages236
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