ABBITKATIONS AND AWAKDS 215 



shows that the Court will be reluctant to revoke a submission 

 to arbitration on the ground of interest. In that case a con- 

 tract provided that all disputes and differences arising on a 

 building contract were referred to the decision of the architect 

 appointed by the building owners. The builders issued a writ 

 against the architect for damages for fraud and misrepresen- 

 tation, and took out a summons to revoke the submission to 

 arbitration. The architect declined to admit the charges made 

 against him. It was held that an application to revoke a sub- 

 mission was one to be granted with great caution, and that 

 the submission ought not to be revoked. (See further, 35, 

 infra.) 



15. Submission to single arbitrator. If on a submission 

 no other mode or reference is provided, it is to a single arbi- 

 trator; but the parties can agree that there shall be two 

 arbitrators, and if so the two arbitrators may appoint an 

 umpire within the period during which they have power to 

 make an award. In the case (a) where the submission pro- 

 vides for a reference to a single arbitrator, and all the parties 

 do not, after differences have arisen, concur in the appoint- 

 ment of an arbitrator ; or (b) if an appointed arbitrator refuses 

 to act, or is incapable of acting, or dies, and the submission 

 does not show that it was intended that the vacancy should 

 not be supplied and the parties do not supply the vacancy, 

 any party may serve the other parties with a written notice to 

 appoint an arbitrator. If the appointment is not made within 

 the proper time the Court may make it (Arb. Act, 1889, s. 5). 



16. Submission to two arbitrators. As we have seen, 

 however, a reference is frequently made to two arbitrators, 

 one to be appointed by each party. Provision is made by the 

 Arbitration Act for the failure of one party to make the 

 appointment. If one party to the arbitration were to refuse to 

 make any appointment, the arbitrator selected by the other 

 might sit as sole arbitrator and decide the matters in dispute, 

 subject, however, to a power reserved to the Court to set aside 

 any appointment by the other. 



17. Death, etc., of arbitrator. If the person chosen to 

 decide matters in dispute refuses to act, or die, it is competent 



