210 THE LAW AFFECTING ENGINEERS 



that the question in dispute is really a matter of law, is not of 

 itself a sufficient ground for refusing to stay an arbitration 

 (but see 13, infra). Nor will the Court refuse to allow the 

 matter to go to arbitration, on the mere ground that the 

 arbitrator agreed upon might be suspected of a bias in favour of 

 one of the parties. 



Without going into lengthy particulars, it may be stated 

 that all matters in dispute concerning any personal chattel, 

 personal wrong, or breach of contract, may be referred to the 

 decision of an arbitrator. Thus it appears from the case of 

 Sadler v. Smith, 1870, 39 L. J. Q. B. 17, that a referee 

 appointed by the parties in a boat race would seem to be in 

 the position of an arbitrator. As a general rule, however, the 

 services of an arbitrator are usually required in cases which 

 involve a lengthy inquiry and the examination of a large 

 number of witnesses. 



9. Writing not necessary if Arbitration Act not to apply. 



Writing is not essential to a submission, and it is competent 

 to the parties to agree by word of mouth that some third 

 person shall decide a question in dispute between them. Such 

 a reference, however, is open to grave objection, as the 

 provisions of the Arbitration Act do not apply to it. and 

 the award of the arbitrator cannot therefore be made a rule of 

 Court. Should the engineer ever have to consider whether or 

 not a dispute shall be referred to arbitration he would always 

 do well to advise that the agreement to refer be reduced into 

 writing and that it be stamped with a 6d. stamp. No stamp 

 is necessary, however, on an agreement to refer, the subject- 

 matter whereof is not of the value of 5. 



10. Jurisdiction of the Courts not ousted. The fact that 

 the jurisdiction of the Courts is not really ousted, demands 

 some further explanation. Mr. Redman in his Arbitrations 

 and Awards points out that : " It is a common practice to 

 insert in contracts for works, covenants or agreements 

 providing that any differences or disputes thereafter arising 

 between the parties shall be referred to arbitration. Agree- 

 ments of this kind do not deprive the Courts of jurisdiction 

 over the matters to be referred ; nor will the addition of 

 a covenant not to sue in respect of such matters prevent 

 either party from bringing them into Court " (loc. cit., p. 52). 



