ARBITRATIONS AND AWARDS 223 



given thereon as his own (Emery v. Wase, 5 Ves. 846). This 

 power to consult may often prove serviceable to an arbitrator 

 who may have to decide upon questions with which he is 

 not familiar. It is also important for the lay (as distinct 

 from the legal) arbitrator to know that he may consult 

 solicitor or counsel as to the admissibility of evidence, or as 

 to the framing of his award (Re Hare, 6 Bing. N. C. 158), or 

 he may take counsel's opinion on a point of law (Rolland v. 

 Cassidy, 57 L. J. P. C. 99). He should not, however, employ 

 the solicitor of either party as his legal adviser (Re Underwood, 

 etc., Ely. Co., 11 C. B. N. S. 442). 



VII. THE ESSENTIAL FEATURES OF AN AWARD. 



28. Generally. Inasmuch as a reference to arbitration is 

 really a contract, some of the terms of which are left to be 

 decided by an independent person, it is of the utmost import- 

 ance that the award shall be carefully drawn up. Any 

 omission or carelessness in the performance of this duty may 

 render the proceedings futile, and leave the parties with 

 differences still outstanding. An engineer's certificate is not 

 an award. (See Chap. XIV., 8, ante.) 



It is not absolutely necessary that an award should be in 

 any precise form of words, but it is desirable that every arbi- 

 trator should consult the common form before he makes his 

 award, for it will probably remind him of the matters with 

 which he has to deal. Moreover, in any case involving large 

 interests, an engineer would be well advised to consult a 

 solicitor and obtain his assistance in drawing up the award. 



29. Form of an award. The following is a simple form of 

 award : 



" Award by a Single Arbitrator determining Cross Claims and Ordering 

 Payment of a Sum ~by One Party to the Other. 



"To all to whom these presents shall come, I, G. L., of Civil 



Engineer, send greeting. 



" Whereas by an agreement in writing, dated the day of 



and made between A. B., of etc., of the one part, and C. D., of etc., 

 of the other part, the said parties agreed to refer all matters in 

 difference between them (if necessary, add 'relative to,' &c., stating the 

 specific matters'] to me, the said G. L., so that I should make my award 

 thereon ready to be delivered to the said parties on or before the 

 day of then next. Now know ye that I, the said G. L., having 



