Suggestions for the Practice of Commercial Arbitration: In the United StatesOxford University Press, 1928 - 247 pages |
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Common terms and phrases
ACT AS ARBITRATORS action adverse party agree agreement to arbitrate American Arbitration Association ANCILLARY REMEDIES AVAILABLE application appoint arbi ARBITRATE FUTURE DISPUTES arbitration agreement arbitration clause arbitrator or arbitrators arbitrators be sworn ARBITRATORS FINAL Attendance of witnesses AWARD ENFORCED bitrators CAUSES AND PROCEDURE CONFIRMING OR VACATING controversy court of record DISPOSITION AND REVOCABILITY entered fees filed FUTURE DISPUTES VALID GOVERN ARBITRAL HEARINGS GOVERN IN RENDERING issue JUDGMENT CONFIRMING jury trial justice Majority award modify or correct MODIFYING AN AWARD motion N. Y. Law Journal Partial awards person Postponement and adjournment powers to examine prescribed PROCEDURE TO VACATE PROVISIONAL AND ANCILLARY PROVISIONS CONCERNING FORM PROVISIONS TO ARBITRATE questions of law Quorum of arbitrators real property refuses REGULATIONS GOVERN ARBITRAL RENDERING THE AWARD Requisite that arbitrators selection statutes governing stay of proceedings subpoena thereof vacate an award VACATE OR MODIFY VII WHAT REGULATIONS witnesses and inspect writing York Arbitration Law
Popular passages
Page 177 - Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced.
Page 156 - Before hearing any testimony, arbitrators selected either as prescribed in this article or otherwise must be sworn, by an officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their understanding, unless the oath is waived by the written consent of the parties to the submission or their attorneys.
Page 110 - Notice of a motion to vacate, modify or correct an award, must be served upon the adverse party or his attorney, within three months after the award is filed or delivered as prescribed by law for service of notice of a motion in an action.
Page 159 - Before acting, they must be sworn before an officer authorized to administer oaths, faithfully and fairly to hear and examine the allegations and evidence of the parties in relation to the matters in controversy, and to make a just award according to their understanding.
Page 227 - ... shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.
Page 213 - ... 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 210 - Each notice, affidavit, or other paper, used upon an application to confirm, modify, or correct the award, and a copy of each order of the court, upon such an application.
Page 208 - If the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereof.
Page 159 - When the submission is made an order of the court, the award must be filed with the clerk, and a note thereof made in his register. After the expiration of five days from the filing of the award, upon the application of a party, and on filing an affidavit, showing that notice of filing the award has been served on the adverse party or his attorney, at least four days prior to such application, and that no order staying the entry of judgment...
Page 229 - ... 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. § 2381. Appeal. An appeal may be taken from an order vacating an award, or from a judgment entered upon an award, as from an order or judgment in an action.