General contents that such an
arbitrator is no more and no better than a private
arbitrator, to whom a reference can be made ... where
certiorari or prohibition has gone to any arbitrator, except
a statutory arbitrator, and a statutory arbitrator is a
person to whom, by statute
given by the arbitrator, as to what impelled the
arbitrator to arrive at his conclusions.
(iii)In the present case the arbitrator had included
depreciation ... given by the arbitrator, as to what impelled
the arbitrator to arrive at his conclusion. On the assump-
tion that the arbitrator must have arrived
order referring the disputes
to the
411
arbitrator named in the agreement. The arbitrator entered
on the reference and after following the prescribed
procedure ... disputes set out in the agreement to the arbitrator
named therein. The arbitrator entered on the reference on
January 16, 1955 and the parties thereafter
goods--Acceptance
of--Clause for reference to arbitration--If binding on
Government--Reference of specific question of
law--Arbitrator framing issues--Parties agreeing to issues ... contract should be referred to arbitration,
dispute having arisen, the matter was referred to
arbitration and the arbitrator gave award in the
contractor
appellant, the arbitrator was guilty of
misconduct, This contention has no force. The arbitrator
had raised two issues. The second issue referred to the
respondent ... regarding interest is referred to
arbitration. In the present case, all the disputes in the
suit were referred to the arbitrator for his decision
arbitrator.
Where the share of a person, not a party before the
arbitrator, was not in dispute, there could not be any bar
to referring ... ground that
the whole dispute was not before the arbitrator. The
arbitrator would decide the dispute between the parties
before him and
703
give
arbitrator appointed by the parties, whether
in the agreement or otherwise, or where the
parties cannot agree upon an arbitrator, to an
arbitrator appointed ... part of sub-s. (4). Then follows a ministerial act of
reference to arbitrator or arbitrators appointed by the
parties. That also was perfectly possible
arbitrator or sole arbitrator and also with the
appointment of an umpire. Section 13 deals with
the power of the arbitrator and s. 14 provides ... effect with respect to the difference referred;
but where it decides not to supersede the
reference and the reference and the arbitration
agreement subsist
arbitrator appointed by the parties, whether in the agreement or otherwise, or where the parties cannot agree upon an arbitrator, to an arbitrator appointed ... part of sub-s. (4). Then follows a ministerial act of reference to arbitrator or arbitrators appointed by the parties. That also was perfectly possible
agreement to be filed,
and shall make an order of reference to the
arbitrator appointed by the parties, whether
in the agreement or otherwise ... otherwise; and thirdly when, the
parties cannot agree upon an arbitrator, to an arbitrator
appointed by itself.
The respondents, in support of their case that
