Commercial Arbitration: Being a Compilation of Awards of Arbitration Committees of Various Trade Associations and Chambers of Commerce in the United States, Together with Introductory Text on Common-law and Statutory Arbitrament

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A. Carlisle & Company [c1922], 1922 - 329 pages
 

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Page 312 - 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 306 - On this day of 19. ., before me personally came to me known and known to me to be a member of and the person described in and who executed the...
Page 311 - ... court shall hear and determine such issue. Where such an issue is raised, the party alleged to be in default may...
Page 314 - cars or lighters " as used herein is intended to include river, lake, or coastwise ships, canal boats, barges, or other means of transportation when so specified in the quotation. 1. When the price quoted applies only at inland shipping point and the seller merely undertakes to load the goods on or in cars or lighters furnished by the railroad company serving the industry, or most conveniently located to the industry, without other designation as to routing, the proper term is:
Page 306 - ... instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal ; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order.
Page 311 - Five days' notice in writing of such application shall be served upon the party in default. Service thereof shall be made in the manner provided by law for the service of summons in the jurisdiction in which the proceeding is brought.
Page 308 - STATE OF NEW YORK 1 . Individual COUNTY OF NEW YORK / " On the day of 19 , before me personally came to me known and known to me to be the same person described in and who executed the foregoing instrument and he duly acknowledged to me that he executed the same.
Page 310 - A provision in a written contract to settle by arbitration a controversy thereafter arising out of the contract or the refusal to perform the whole or any part thereof...
Page 311 - ... a lapse in the naming of an arbitrator or arbitrators or umpire, or in filling a vacancy, then upon the application of either party to the controversy the court shall designate and appoint an arbitrator or arbitrators or umpire, as the case may require, who shall act under the said agreement with the same force and effect as if he or they had been specifically named therein; and unless otherwise provided in the agreement the arbitration shall be by a single arbitrator.
Page 311 - The court shall hear the parties, and upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement.

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