The Gazette 1952-1955

providing that a submission could be made a rule o f Court, and thereupon the agreement could be entered as a Court Record. Sect. 63 o f the Imprisonment for Debt (Ireland) Act 1840, further remedied the position by providing that,-if it were agreed to make a submission a rule o f Court, this agreement could not be revoked without leave o f the Court. There was however still no provision in relation to cases where the submission to arbitration con­ tained no such agreement, and many more defects were remedied by the provisions o f Sections 6 to 20 of the Common Law Procedure Act 1856, now repealed, which formed the basis o f arbitration law in Ireland, until most o f the Arbitration Act 1954 (except Part Y relating to foreign judgments) came into force on the 1st January, 1955. The present Arbitration Act 1954 is a compre­ hensive measure o f 59 sections and 3 schedules. Part I (Sections x to 8) contains general clauses. An arbitration shall be deemed to have commenced when one party to the arbitration agreement serves on the other party a written notice requiring him to concur in appointing an arbitrator, or, if a person is named in the agreement, requiring the other party to submit the dispute to that person. This Act does not apply to negotiations relating to the terms o f employment or remuneration o f civil servants or employees o f local authorities. Generally, arbitrations existing under an arbitration agreement which have started before the 1st January, 1955, shall not be liable to the procedure under the new Act, but if the arbitration has not actually started before the 1st January, 195 5, then the new procedure will apply. A person giving false evidence before an arbitrator may be convicted o f perjury. Part II (Sections 9 to 47) covers the detailed procedure in relation to arbitration. The authority o f the arbitrator or umpire appointed under an agreement is in general irrevocable except by leave o f the Court. In the event o f the death o f a party, proceedings under an arbitration may be continued against his personal representative. I f Court pro­ ceedings have been instituted in relation to a matter at arbitration, any party to the proceedings may, at any time after appearance and before delivering pleadings, apply to the Court to stay proceedings, and, if satisfied, the Court may do so. Unless a contrary intention appears, every arbitration agree­ ment shall be made before a single arbitrator ; if there is a reference to two arbitrators in an arbitration agreement they shall be deemed to have power to appoint an umpire. The High Court is given power to appoint an arbitrator on the application of any party and on notice to the other party if (i) the parties do not agree to an. appointment; or (ii) the parties do not fill the vacancy in the event o f an arbitrator becoming incapable o f acting or dying. A ll parties

made by the county managers which were referred to a Committee. The Council considered the Committee’ s report ana instructed the Society’s representatives for the resumption o f further discussions with the county managers. REGULATIONS UNDER THE SOLICITORS’ ACT, 1954 . T he following regulations have been made by the Council under the Act— Solicitors’ Act, 1954 (Fees) Regulations, 1954. Solicitors’ Act, 1954 (Apprentices’ Fees) Regu­ lations, 1954. Solicitors’ (Disciplinary Committee) Rules, 1955. Solicitors’ Act, 1954 (Practising Certificates and Restrictions on Solicitors) Regulations, 1955. CALENDAR, 1955 . T he Council regret the unavoidable delay in publishing the Calendar this year, which was caused by the necessity o f printing the Solicitors’ Act, 1954, which was passed after the type had been set up. The Calendar is almost ready and it is hoped to post it to solicitors who have placed orders before the end of this month. Those who have placed orders for personal collection may obtain the Calendar at the Society’s office as soon as it is ready. ORDINARY GENERAL MEETING. A n ordinary general meeting of the Society will be held in the Library, Solicitors’ Buildings, Four Courts, Dublin, on Thursday, 12th May, 1955, at 2.30 o’clock. ARBITRATION ACT, 1954 . T he Arbitration Act, 1954, is a comprehensive measure to bring the law relating to arbitration up to date, by taking over many o f the provisions o f the English Arbitration Acts o f 1889 and 1934. It will be recalled that at common law, an agreement to refer a present or future difference to arbitration did not oust the jurisdiction o f the Courts, and either party might, before the making o f the award, revoke the submission to arbitration, and commence an action. In such cases, the only remedy o f the other party was by an action for damages for the breach o f the agreement to refer. I f an award was duly made, the award might be enforced by action ; and the award, when made, was conclusive between the parties. The Statute 10 William III, c. 14, s. 1 (Ir.), tried to remedy the defect that after parties had agreed to refer their differences to arbitration the submission could nevertheless be revoked, by

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