TMI Blog1954 (7) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... where a dispute or difference has arisen between parties who have agreed that such dispute or difference shall be referred for decision to the Chamber or the Tribunal, an application for arbitration may be addressed by either party to the Registrar which application, In the case of disputes relating to piece-goods shall be in such form as the Committee of the Chamber may from time to time prescribe. (2) On receipt of such application, the Registrar shall constitute a Court for the adjudication of the dispute. VII. If the Court have allowed the time or extended time to expire without making any award, and without having signified to the Registrar that they cannot agree, the Registrar shall constitute in manner aforesaid another Court whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the Registrar on 4-8-1953 appointed Mr. H.A. Luke in place of Mr. Buist under R. 10. 3. The endorsements on the appointment-sheet are as follows: I propose to appoint Messrs. J. I. Jamieson and I. D. C. Buist as arbitrators, and will be glad to know if you have any suggestions to offer. Sd/- D. O. Fairbairne. Registrar. Court appointed as above. Sd/- D. C. Fairbairne. Registrar. 6-6-1952. Mr. Buist having proceeded on leave, I appoint) Mr. H.A. Luke in his place under Rule 10. Sd/- D. C. Fairbairne. Registrar. 4-8-1953. 4. On 8-10-53 the Court consisting of Mr. Jamieson and Mr. Luke made the award. 5. In my opinion, when Mr. Jamieson and Mr. Buist allowed the time to expire, the Registrar, under th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also the Registrar must substitute and appoint new arbitrators in place of the arbitrators who allowed the time to expire and therefore neglected to act. 8. Both under Rules 7 and 10 the Registrar was bound to appoint new arbitrators in place of Mr. Jamieson and Mr. Buist when they allowed the lime to expire. 9. The Registrar did not appoint a new arbitrator in place of Mr. Jamieson. 10. The Court consisting of Mr. Jamieson and Mr. Luke had no authority to make the award. The ward is therefore invalid. 11. The petitioner urged certain other contentions in support of this application. By consent the point with regard to the constitution of the Court has been tried first without prejudice to the other contentions raised by the par ..... X X X X Extracts X X X X X X X X Extracts X X X X
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