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swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. |
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Arbitration - From: 1900 To: 1929This page lists 7 cases, and was prepared on 03 April 2018. Re Collyer-Bristow and Co [1901] 2 KB 839 1901 Arbitration, Litigation Practice The issue was whether a bill of the solicitors employed to advise the Umpire was taxable and, if so, in which Division of the High Court 1 Citers Stewart v Williamson; HL 29-Apr-1910 - [1910] UKHL 2; 1910 1 SLT 326; 1910 SC (HL) 47; [1910] AC 455 T W Thomas and Co Ltd v Portsea Steamship Co Ltd [1912] AC 1 1912 PC Contract, Arbitration The board discussed the approach to the incorporation of arbitration clauses and jurisdiction clauses from one contract into another such as a bill of lading. 1 Citers Jureidini v National British and Irish Millers Insurance Company Limited; HL 1915 - [1915] AC 499 Re Boks and Co v Peters, Rushton and Co Ltd [1919] 1 KB 491 1919 CA Scrutton LJ Arbitration, Litigation Practice The alternative procedure for seeking enforcement of an arbitrator's award is by an action upon the award. The procedure is to be used only in "reasonably clear cases". 1 Citers Czarnikow v Roth Schmidt and Co; 1922 - [1922] All ER 45; [1922] 2 KB 478 Joe Lee Ltd v Lord Dalmeny [1927] 1 Ch 300 1927 Eve J Arbitration Bets were disputed, and particularly the status of a clause in the bookmaker's book of rules which provided: "Should unfortunately any dispute arise we stipulate that the matter be referred within 30 days to the editor of any paper in which we advertise or another responsible arbitrator by mutual agreement." Held: "That the rules in this book, if accepted, expressly or by conduct, would constitute a contract or agreement by way of gaming or wagering would not be disputed, but it has been argued that the paragraph I have read is not included under the heading 'Rules', and ought to be treated as a separate agreement, and as one not tainted with the illegality attaching to rules regulating betting transactions. I cannot take that view. The paragraph is, in my opinion, an integral part of the terms upon which alone the plaintiffs were willing to do business with the persons to whom this book was sent . . I cannot separate that part of the document from the rules and treat the agreement to refer as one distinct and apart from the other contents of this book. There is only one contract and that a contract or agreement by way of gaming or wagering, a contract therefore which is void and cannot be made the foundation of any successful application in these Courts." 1 Citers |
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