222 THE LAW AFFECTING ENG1NEEKS 



and if he receive evidence which is not admissible the party 

 aggrieved has no remedy unless, indeed, he make an applica- 

 tion to the Court before the award is issued. For the Court 

 has power to revoke the arbitrator's authority if he admit 

 improper evidence or refuse to admit evidence which is legally 

 admissible. For instance, hearsay evidence is inadmissible 

 in a court of justice, except under very special circumstances. 

 (As to the admission of parol evidence to explain a written 

 contract, see Chap. VI., 11, ante.) 



A valid award must extend to all the matters which are 

 submitted, and if the arbitrator refuse to hear evidence or to 

 decide a particular point the party aggrieved may go to the 

 Court and say " all the matters in issue have not been decided, 

 and I therefore claim to have the proceedings set aside." 



The principal statutes providing for the reference of disputes 

 to arbitration allow witnesses to be examined on oath. In 

 general, evidence should be so taken unless both parties 

 dispense with it (Wake field v. Llanelly Rly. Co., 34 Beav. 245). 

 Where the agreement to refer requires the evidence to be on 

 oath, the arbitrator may not dispense with this formality 

 without the consent expressed or implied of the parties 

 (Ridoat v. Pye, 1 B. & P. 91). 



Where the submission requires the witnesses to be examined 

 on oath, the arbitrator cannot receive evidence on affidavit, as 

 the witnesses must be examined viva voce (Banks v. Banks, 

 1 Gale, 46). 



The reason for this rule will be apparent when it is 

 remembered that the evidence of nearly every witness is 

 valueless unless he is subjected to cross-examination. If he 

 makes a statement in an affidavit, or in answer to questions 

 on behalf of the party by whom he is called, he may quite 

 unintentionally omit to mention many facts which are 

 material. (As to the fees of witnesses called in arbitration 

 proceedings, see Chap. IV., 25, ante.) 



27. Arbitrator may consult skilled persons. An arbitrator 

 may consult men of science in every department where it 

 becomes necessary (Caledonian Rly. Co. v. Lockhart, 3 Macq. 

 808) ; and although he may not agree beforehand to be bound 

 by whatever opinion another may give, as that would be a 

 delegation of his authority, he may submit a question to 

 another person of skill or science, and adopt the opinion 



