220 THE LAW AFFECTING ENGINEERS 



olios acta, and the question which the taxing master had to 

 decide was different from the question to be dealt with in this 

 case. The only evidence is that of the defendants themselves 

 and other witnesses called by them. That evidence is that 

 the fees are fair and reasonable, and are not higher than any- 

 one would have had to pay who made a bargain with the 

 defendants. The learned judge has applied a wrong standard. 

 I see no reason why the defendants should be bound to take 

 less than they would have been willing to accept had they 

 been asked to make a bargain." 



Although this case was decided in favour of the engineers, 

 it points the moral that an agreement should be entered into 

 for the amount of the fees to be paid before the reference is 

 undertaken. In the face of a written document, the parties 

 could not be heard to say that the charges were excessive. 



VI. PROCEEDINGS BEFORE THE ARBITRATOR. 



Broadly speaking, it may be stated that the proceedings 

 before an arbitrator are similar to those in a court of justice. 

 The arbitrator appoints the times and places of meeting and 

 adjournment, but they must be reasonable, and notice must 

 be given to both parties, or the award will be void. It is 

 usual, of course, to consult the convenience of both parties in 

 fixing the time and place. 



24. Conduct of proceedings. In the conduct of the 

 proceedings, an arbitrator should be guided by the principles 

 of fair play, which will lead him to decide the case impartially. 

 Thus, he should not hear one party in the absence of the 

 other, nor should he exclude the witnesses of one party from 

 the room where he is sitting, unless those on the other side 

 are also excluded. His failure to observe these principles 

 may have serious results, for an award may be set aside : 



(1) If the arbitrator hears one party and refuses to hear the 

 other ; 



(2) If the arbitrator holds private communications with 

 one of the parties on the subject-matter of the reference ; 



(3) Where the arbitrator, unless justifiably proceeding ex 

 parte, examines one of the parties or the witnesses on one side 

 in the absence of the other party ; or receives information 

 from the one party in the absence of the other ; 



