If there is no express provision on the point in the submission, an award under the Arbitration Act 1889 must be made within three months after the arbitrator has entered on the reference, or been called upon to act by notice in writing from any party to the submission.
Adams as arbitrator and Mr J.
Under section 6, where a reference is to two arbitrators, one to be appointed by each party, and either the appointed arbitrator refuses to act, or becomes incapable of acting, and the party appointing him fails, after seven clear days' notice, to supply the vacancy, or such party fails, after similar notice, to make an original appointment, a binding appointment (subject to the power of the court to set it aside) may be made by the other party to the reference.
In August he joined with Spain and Holland in a manifesto against France, while secretly for a million livres he engaged himself to Louis, and in 1682 he proposed himself as arbitrator with the intention of treacherously handing over Luxemburg to France, an offer which was rejected owing to Spanish suspicions of collusion.
The arbitrator has a lien on the award for his fees; and - a point of difference from the English law - he may sue for them without an express promise to pay (cf.
An international arbitrator may be the chief of a friendly power, or he may be a private individual.
If the votes are equally divided the selection of the chief arbitrator is to be entrusted to a third power to be named by the parties.
The arbitrator ex compromisso sumptus had no coercive jurisdiction, and in order to make his award effective, the agreement of reference was confirmed by a stipulation and usually provided a penalty (poena, petunia compromissa) in case of disobedience.
The former of these sections deals with the power of the court, the latter with the power of the parties to a reference, to appoint an arbitrator in certain circumstances.
But this omission was supplied in Prussia by a law of the 29th of March 1879, which provided for the appointment, in each commune, of an arbitrator (Schiedsmann) before whom conciliation proceedings in contentious matters might be conducted.