208 THE LAW AFFECTING ENGINEERS 



for the reference may be made on such terms as to costs as 

 the authority making it thinks just ; and in the absence of 

 any provision thereon in the order of reference, the referee, 

 or arbitrator, has full power to deal with costs. The power 

 which the High Court judge has in cases which come before 

 him may be exercised by a county court judge in matters 

 which are within his jurisdiction. 



4. Appeal on a compulsory reference. A party who is 

 aggrieved by the decision of an official or special referee may 

 appeal from that decision in the same manner and for the 

 same reasons as he might apply to have the verdict of a jury 

 set aside. (Arbitration Act, 1889, Sect. 15 (2).) 



III. ARBITRATIONS BY CONSENT OUT OF COURT. 



5. Ordinary arbitrations generally. Hitherto we have 

 been dealing with arbitrations which are held by order of the 

 Court. It will be convenient to consider the law relating 

 to voluntary references to arbitration. 



The law with regard to references or arbitrations by consent 

 out of Court will be found stated in the Arbitration Act, 1889, 

 Sects. 112, and in the First Schedule to that Act. The 

 engineer who wishes to be thoroughly familiar with the law of 

 arbitration should make a careful study of this measure. But 

 it is conceived that the bald statement of the law which is to 

 be found in the Act itself will hardly be sufficient for the 

 engineer who is called upon to act as arbitrator. It is there- 

 fore proposed to simplify the language of the Act as far 

 as possible and illustrate its meaning by reference to decided 

 cases. 



Parties may agree to submit their differences to arbitration, 

 and Sect. 1 of the Arbitration Act, 1889, provides that a 

 submission unless a contrary intention is expressed therein, is 

 irrevocable except by leave of the Court or a judge. 



6. Submission defined. By Sect. 27 a " submission " 

 means a written agreement to submit present or future 

 differences to arbitration whether an arbitrator is named 

 therein or not. 



The " arbitration clause " in an engineering contract or any 

 other agreement is a submission to arbitration. (For form of 



