— —
.
476
Arbitration".
Sect.
Sect. 14.
14.
Remission or setting aside of
Award. Remitting or setting aside award.
Application by motion.
Time
for
application.
Sub-Sect.
Poiver of the Court 1.
AjipUcation
to
993. The Court has power sideration altogether
of
the
arbitrator
to
Court
remit or to
remit or
to remit the
or umpire
{in),
set aside set
Award.
aside Aiuard.
award or
to
to
the reconit aside
set
{n).
An
appUcation to the Court to set aside, or to set aside or remit, an award, is made by motion (o). In the King's Bench Division the motion is heard by a Divisional Court, and in the Chancery Division by the judge to whom the motion may be assigned in the usual manner by ballot {j)). An application to remit an award may be made in chambers by originating summons, but should generally be made to the Court (o). A notice of motion to set aside an award must be given before the last day of the sittings next after the award has been made and published (g). No time is prescribed within which an appUcation to remit an award must be made but it must be made within what, having regard to all the circumstances of the case, is a reasonable time. Where there has been unreasonable delay in making the application the Court would on that ground refuse it (r). The notice of motion, whether it be to remit or set aside the award, must state in general terms the grounds of the application (s).
(m) Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 10 (1)
- 'In all cases of
referencfi to arbitration the Court or a judge may from time to time remit the matters referred, or any part of them, to the reconsideration of the arbitrators It is to be observed that whereas the statutory power of enforcing or umpire." an award is confined to the cases where the award is an " award on a submission," i.e., on a submission contained in a written agreement (see note {q), p. 473, (inte), the power to remit or set aside an award is given in all cases of reference to arbitration [per Bray, J., in Forder v. Whittle, 18th April, 1907,
unreported) (n) Ibid., s. 11 (2): "Where an arbitrator or umpire has misconducted himself, or an arbitration or award has been improperly procured, the Court may set the award aside." (o) The power to set aside an award is conferred hj the Act on " the Court" {ibid., s. 11 (2)), whereas the power to remit an award is conferred on "the Court or a judge" {ibid., s. 10 (1)). An order to remit an award might therefore be made by a Master on an originating summons (see R. S. C, Ord. 54, r. 12a), but where the application to remit is opposed, it is usually more convenient to proceed by motion in Court than by summons at chambers. {p) R. S. C, Ord. 5, r. 9 (c). {q) R. S. C, Ord. 64, r. 14, and compare 9 & 10 Will. 3, c. 15, s. 2, which was repealed by the Arbitration Act, 1889 (52 & 53 Yict. c. 49) Re Oallop and Central Queensland Meat Export Co., Ltd. (1890), 25 Q. B. D. 230. The Court has power under E. S. C, Ord. 64, r. 7, to extend the time for moving to set aside an award {Re Oliver and Scott (1889), 43 Ch. D. 310). Leicester (r) Warburton v. Hash'ngden Local Board (1879), 48 L. J. (c. P.) 451 Grenerally speaking, an application to remit an V. Grazeh^ooJc {181 9), 40 L. T. 883. award should be made within the same limit of time as is prescribed in the case of an application to set the award aside {Doe v. Holmes (1848), 12 Q. B. 951); but see Mordue v. Palmer (1870), 6 Ch. App. 22, where the award was remitted for the purpose of correcting a mistake eighteen months after it had been published. (s) R. S. 0., Ord. 52, r. 4. See Bunn v. Warlters (1842), 9 M. & W. 293; Staples V. Hay (1843), 13 L. J. (q. B.) 60 Mercier v. Pepperell (1881), 19 Ch. D.
58.
