AEBITRATIONS AND AWAEDS 209 



arbitration clause, see Form IIA., Cl. 47, post.) The object 

 of the above provision is to sanction such a clause which 

 appears, at first sight, to oust the jurisdiction of the Courts 

 or, at any rate, to stay proceedings at law until the matter 

 in dispute has been dealt with by the arbitrator. We shall 

 see hereafter (p. 210, 9, infra) what may be the effect of so 

 ousting the jurisdiction. It should be pointed out, in this 

 connection, that the ordinary clause in a contract providing 

 that the engineer's certificate shall be conclusive as to the 

 work done, is not a submission to arbitration. (See Chap. XIV., 

 8.) 



7. Enforcing submission. The Court has full power to 

 enforce the arbitration clause in an agreement ; and the way 

 in which the Court will exercise that power may be thus 

 illustrated. Suppose an employer and a contractor enter into 

 a contract, which provides that all disputes which may there- 

 after arise shall be referred to an arbitrator. A dispute having 

 arisen, the employer, wholly ignoring the arbitration clause 

 his self-chosen tribunal issues a writ against the contractor 

 in the High Court of Justice. In such a case it would be 

 competent for the contractor, before delivering any pleading 

 or taking any other step in the action, to apply to the Court 

 to stay the action, and the Court or Judge, if satisfied there 

 was no sufficient reason why the matter should not be referred 

 in accordance with the submission and that the contractor 

 was and still remained willing to do all things necessary to 

 the proper conduct of the arbitration, might make an order 

 staying the proceedings. It should be noted that the 

 jurisdiction is not ousted ; the proceedings are only stayed 

 pending the reference. (As to what amounts to sufficient 

 reason, see post, 13.) 



It should be mentioned that a reference by agreement will 

 also be enforced although no arbitrator is actually named 

 therein, as the Court has power in such a case to appoint an 

 arbitrator if one cannot be agreed upon. 



8. What may be referred to arbitration. It is important to 

 notice that the Court has a discretion, and it may be stated 

 generally that a reference to arbitration will be refused in a 

 case where fraud is charged and the person alleged to be 

 guilty of fraud is anxious to have a public inquiry. But the fact 



L.A.B. P 



