280 THE LAW AFFECTING ENGINEEKS 



As has already been stated, the award of an official or special 

 referee in a compulsory reference by the Court may be treated 

 as the judgment of the Court (see 3, supra) ; but, as we have 

 also seen ( 4, supra), it is the proper subject of an appeal. 

 In the case of a reference by consent out of court, a valid 

 award is final and binding on the parties, and is conclusive as 

 to the matters submitted. Further, if the award is good on 

 its face, and is not impeached, each party is prohibited from 

 objecting to it; and as to all matters which it professes to 

 decide, it as much precludes the parties from alleging anything 

 to the contrary effect as a judgment would, on the ground 

 that it is res judicata (Cummings v. Heard, 1869, 39 L. J. 

 Q. B. 9). 



33. Enforcing an award. Although the question how to 

 enforce an award is largely a matter of interest to the legal 

 profession, it is perhaps well to mention that, under the 

 Arbitration Act of 1889, s. 12, an award on a submission may, 

 by leave of the Court or a judge, be enforced in the same 

 manner as a judgment or order to the same effect. This 

 applies only to submissions in writing out of court ; but the 

 Arbitration Act, 1889, also provides that, with regard to 

 references under order of the Court, the judge has all the 

 powers conferred by the Act on the Court or a judge as to 

 references out of court. Or. 3lA of the Kules of the Supreme 

 Court is practically in the same terms. The section only 

 applies " where an award has definitely settled the rights 

 and liabilities of the parties so that they cannot be further 

 litigated " (In re Willesden, 1896, 2 Q. B. 412). Proceedings 

 under this section are not a mere continuance of the arbitra- 

 tion, but are " as much a proceeding outside the arbitration 

 as an action to enforce an award would be " (Ex parte Caucasian 

 Co., 1896, 1 Q. B. 368). 



IX. SETTING ASIDE AN AWARD. 



34. Grounds for setting award aside. The following are the 

 grounds upon which an award may be set aside : 



(a) That the award is uncertain, or not final ; 



(b) That there has been irregularity in the proceedings, 

 such as want of notice of meetings, or improper conduct on 

 the part of the arbitrator in receiving evidence ; 



