Selected Articles on Commercial Arbitration

Front Cover
Daniel Bloomfield
H.W. Wilson Company, 1927 - 341 pages
 

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Page 41 - Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peace-maker the lawyer has a superior opportunity of being a good man.
Page 315 - ... valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.
Page 323 - STATE OF NEW YORK,) County of New York,) ss. : On this day of , 1910, before me personally came to me known and known to me to be the individual described in and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same.
Page 208 - If the basis of jurisdiction be a cause of action otherwise justiciable in admiralty, then, notwithstanding anything herein to the contrary the party claiming to be aggrieved may begin his proceeding hereunder by libel and seizure of the vessel or other property of the other party according to the usual course of admiralty proceedings, and the court shall then have jurisdiction to direct the parties to proceed with the arbitration and shall retain jurisdiction to enter its decree upon the award.
Page 231 - That if any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing...
Page 209 - In either of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration — (a) Where the award was procured by corruption, fraud, or undue means. (b) Where there was evident partiality or corruption in the arbitrators, or either of them.
Page 141 - ... of the following cases: 1. Where one of the parties to the controversy is an infant, or a person incompetent to manage his affairs, by reason of lunacy, idiocy, or habitual drunkenness. 2. Where the controversy arises respecting a claim to an estate in real property, in fee or for life.
Page 41 - ... my will and direction expressly is, that all disputes (if unhappily any should arise) shall be decided by three impartial and intelligent men, known for their probity and good understanding ; two to be chosen by the disputants, each having the choice of one, and the third by those two; which three men, thus chosen, shall, unfettered by law or legal constructions, declare their sense of the testator's intention ; and such decision is, to all intents and purposes, to be as binding on the parties...
Page 230 - ... court shall hear and determine such issue. Where such an issue is raised, the party alleged to be in default may...
Page 236 - The judgment so entered has the same force and effect, in all respects as, and is subject to all the provisions of law relating to, a judgment in an action; and it may be enforced as if it had been rendered in an action in the court in which it is entered.

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