AKBITRATIONS AND AWARDS 229 



In the author's experience there is little ground for this belief. 

 There are two causes which tend to make a reference expen- 

 sive. In the first place, the tribunal itself has to be paid. 

 When three eminent engineers are sitting, one as umpire and 

 two as arbitrators, and the proceedings last for a week, it is 

 easy to figure out the appalling bill which one or other of the 

 litigants must pay before the award can be taken up. In the 

 second place, the hearing before a lay tribunal is in general more 

 protracted than a trial in court. The reason is not far to seek. 

 The arbitrator is often unaccustomed to the forms of law. 

 He may not realise that it is competent for him to shorten 

 proceedings by saying that he is satisfied on some particular 

 point ; and even if he knows that he has the power, he will 

 probably (and very properly; hesitate to exercise it. A strong 

 judge, on the other hand, can very often so narrow the issues 

 in a case that much valuable time is saved to the parties. 

 The facts that he may have to pay the tribunal, and that the 

 inquiry may be considerably prolonged, are therefore matters 

 fit for the consideration of the contractor who contemplates 

 settling a dispute by arbitration. 



For the rest, the expenses of proceeding at law and in an 

 arbitration appear to be about the same. Solicitors, counsel 

 (very often eminent and therefore expensive counsel), and 

 expert witnesses must all be duly paid, whether they appear in 

 a private room at the Westminster Palace Hotel, or the Royal 

 Courts of Justice. 



It is easy to recommend the parties to engineering contracts 

 not to go to arbitration ; but it is not quite so easy for them 

 to avoid this form of trial. In the first place, all the usual 

 contracts contain an arbitration clause, and as we have already 

 seen ( 10, supra), that clause cannot be evaded except by the 

 consent of both parties. Again, even if both parties desire to have 

 a trial in court, the time of His Majesty's judges is considered 

 too valuable to be expended upon long and technical disputes. 

 A case which involves accounts or any scientific or local 

 examination will inevitably be sent to an official or special 

 referee. 



VIII. THE EFFECT OF AN AWARD. 



32. How far binding. We have next to consider the effect 

 of an award upon the relations of the parties to an arbitration. 



