AEBITKATIONS AND AWARDS 207 



judgment of some particular person, this would be incorrectly 

 called a provision for submission to arbitration." 



II. ARBITRATION BY ORDER OF COURT. 



2. How there can be arbitration by order of Court. 

 Although a large number of cases are commenced in the 

 King's Bench Division, and are intended by the parties to be 

 heard by a judge alone, or by a judge with a jury, it does not 

 follow that they are all so tried. 



Sect. 13 of the Arbitration Act, 1889, provides that subject 

 to any rules of Court, and to any right to have particular cases 

 tried by a jury, the Court or a judge may refer any question 

 arising in any cause or matter (other than a criminal 

 proceeding by the Crown) for inquiry or report to any official 

 or special referee. It is also provided (by Sect. 14 of the same 

 Act) that in any such cause or matter, (1) if all the parties 

 interested who are not under disability consent, or (2) if the 

 cause or matter requires any prolonged examination of 

 documents, or any scientific or local investigation which 

 cannot, in the opinion of the Court or a judge, conveniently be 

 made before a jury, or conducted by the Court through its 

 other ordinary officers, or (3) if the question in dispute 

 consists wholly or in part of matters of account, the Court or 

 a judge may at any time order the whole cause or matter, or 

 any question or issue of fact therein, to be tried before a 

 special referee or arbitrator, agreed on by the parties, or before 

 an official referee or officer of the Court. 



3. Two kinds of reference by order of Court. It will be 

 observed that the Court is thus given two distinct powers. A 

 matter may be referred merely for inquiry and report, or else 

 the referee or arbitrator may be asked to adjudicate upon it. 

 The order made by the judge should indicate the way in 

 which the matter is referred. If it is only for report, the 

 referee makes his report to the judge by whom he was 

 requested to make it, and the judge may adopt, or partially 

 adopt, or wholly reject it, according as he thinks fit. If the 

 judge adopts it, it may then be enforced as if it were the 

 judgment of the Court. In executing an order of reference 

 addressed to him by the Court the referee has power to order 

 judgment to be entered for any or either party. The order 



