Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Letter To The Editor

Letter To The Editor (5) Department of Employment Gazette, February, 1973H.M.S.O. (6) Incomes Data Study No. 35, August, 1972, published by Incomes Data Services Ltd. (7) T.U.C. Press StatementCBI/TUC Conciliation & Arbitration Service, Journal Institute of Arbitrators, October 1972, p. 145. (8) Russell on Arbitration, published by Stevens. (9) "Arbitration" by J. R. \V. Alexander, published by Chartered Institute of Secretaries (1951). SIRI was interested in the remarks about the stated case in Scotland in the editorial of your January issue. You said that in Scotland unless the parties have agreed otherwise, the Arbiter can state a case if asked by either or both parties or by order of the Court, but cannot do so without such a request or order. It should be made clear, with reference to section 3 (i) of the Administration of Justice (Scotland) Act 1972, that the Court cannot order the Arbiter to state a case on its own initiative. The position is that parties may ask the Arbiter to state a case when he can then do so if he sees fit, but need not. If a party is aggrieved that the Arbiter will not, the party then applies to the Court for the Court to decide whether or not the case should be stated. With reference to difficult questions of law that the Arbiter himself is confronted with, it should be made clear that as far as Scotland goes Arbiters if they are not lawyers invariably then appoint solicitors as clerk/legal advisers. The Clerk is in a position to keep the Arbiter advised on points of law and indeed if need be can take Counsel's Opinion to help clarify the situation. M. E. L. WEIR. CAMBRIDGE ARBITRATION CONFERENCE The Institute is to hold a Conference at Fitzwilliam College, University of Cambridge, from Thursday, to Sunday, 9th to 12th August 1973. The programme, which will be varied and far-reaching, will be circulated to all Members in due course, but anyone who wishes to register for the Conference may inform the Secretary of the Institute now. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asian International Arbitration Journal Kluwer Law International

Letter To The Editor

Asian International Arbitration Journal , Volume 40 (2): 1 – Apr 1, 1973
Download PDF
1 page

Loading next page...
 
/lp/kluwer-law-international/letter-to-the-editor-kPqAKj0GgT

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Kluwer Law International
Copyright
Copyright © 1973 Kluwer Law International BV, The Netherlands
ISSN
1574-3330
Publisher site
See Article on Publisher Site

Abstract

(5) Department of Employment Gazette, February, 1973H.M.S.O. (6) Incomes Data Study No. 35, August, 1972, published by Incomes Data Services Ltd. (7) T.U.C. Press StatementCBI/TUC Conciliation & Arbitration Service, Journal Institute of Arbitrators, October 1972, p. 145. (8) Russell on Arbitration, published by Stevens. (9) "Arbitration" by J. R. \V. Alexander, published by Chartered Institute of Secretaries (1951). SIRI was interested in the remarks about the stated case in Scotland in the editorial of your January issue. You said that in Scotland unless the parties have agreed otherwise, the Arbiter can state a case if asked by either or both parties or by order of the Court, but cannot do so without such a request or order. It should be made clear, with reference to section 3 (i) of the Administration of Justice (Scotland) Act 1972, that the Court cannot order the Arbiter to state a case on its own initiative. The position is that parties may ask the Arbiter to state a case when he can then do so if he sees fit, but need not. If a party is aggrieved that the Arbiter will not, the party then applies to the Court for the Court to decide whether or not the case should be stated. With reference to difficult questions of law that the Arbiter himself is confronted with, it should be made clear that as far as Scotland goes Arbiters if they are not lawyers invariably then appoint solicitors as clerk/legal advisers. The Clerk is in a position to keep the Arbiter advised on points of law and indeed if need be can take Counsel's Opinion to help clarify the situation. M. E. L. WEIR. CAMBRIDGE ARBITRATION CONFERENCE The Institute is to hold a Conference at Fitzwilliam College, University of Cambridge, from Thursday, to Sunday, 9th to 12th August 1973. The programme, which will be varied and far-reaching, will be circulated to all Members in due course, but anyone who wishes to register for the Conference may inform the Secretary of the Institute now.

Journal

Asian International Arbitration Journal – Kluwer Law International

Published: Apr 1, 1973

There are no references for this article.