Excerpt from Commentaries the Laws of England, Vol. 3 of 4
Other material improvements have been made in the law of arbitrations, by the statute 17 18 Vict. C. 125, as well by amending the pie-existing law upon this sub ject (z), as by enabling the court or a judge to compel a reference to arbitration either before or at the time of trial, where the matter in dispute consists, wholly or in part, of items of mere account, which cannot conveniently be tried (a). Under the provisions first alluded to, an action commenced by one of the parties to the reference after all have agreed thereto may be stayed (b), where the parties cannot concur in the appointment of an arbitrator, he may be appointed upon summons by a judge (c); where the re ference is to two arbitrators, and one party fails to appoint, the other party may appoint an arbitrator to act alone (d.
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