The sun., 1897-03-14
BUSINESS ARBITRATION.
LoNDON'S TWO PLANS OF g ETTING IT
AND NOW THEY WORK.

AND HOW THEY WORK.
Ono !. tho Chamber or Arbitration Established
by Parliament and the other Il u branch
OF the High Court-sittings Held Whenever
-Awards-somc Cases Arbitrated.
IoNpoS. March 4.-There are In London two
institutions or tribunals for the settlement OF
commercial disputes without resort TO tn. tsdi-
Gus processes OF an ordinary lawsuit, Tho
fret Is the London Chamber OF Arbitration.
established nvc years AGO by at OF Parliament
under the Joint authority OF the corporation Of
the city Of London and the London Chamber
OF Commerce. The second I. a new branch OF
tie ordinary High Court. which Is presided
over by n Judge supposed to HI We special quail
fcatlons for the trial Of commercial cases.
This new court. usually known as the CONNER
cial Corrt. WAS established only two years ago.
II deals with only commercial cases. and In the
same general way as all cases nre disposed Of
in all other courts. Its creation was really
the result OF fear among lawyers that they
might suffer by the competition OF tho Cham
Der Of Arbitration.
Commercial arbitration Is provided for in
the London Chamber by q process for which
are claimed the merits OF cheapness, celerity,
And secrecy in the settlement OF disputes. The
Chamber owes its establishment chiefly to tho
Initiative OF one man. Mr.. Henry Clarke, a
member Of the London County Council and OF
the cry Corporation, q gentleman who has
long held prominent position In tho manage
ment OF municipal affairs In London. In 1889
he brought the question OF commercial arbi-
traitor before the Court Of Common Council.
and was ultimately requested to draw 10 n
scheme that had foI its outcome the lnauTura-
ton. on Nov. %, 1909. OF the existent Chamber
OF Arbitration. which has proved on tho whole
an excellent medium for giving practical ef-
ie.t 10 the advantages arbitration theoretically
possesses over litigation.
Commit tee OF MANAGEMENT drawn from
members OF the London Corporation and from
the London Cham Der OF Commerce exercises n
general supervision over the working mechan-
ism OF tho tribunal. but these gentlemen have
no power OF revision OF awards or other inter-
ference between the arbitrators and disputants.
No record OF cases is published. nor are any
particulars thereof made public except In GER
tain individual Instances. with the assent Or
by the desire OF all rarties concerned. Tho
Chamber Is open both TO voluntary applicants
for arbitration and for the settlement OF ques-
tons referred to II by courts OF law. Under
section 12 OF the Arbitration law OF 1880 It's
decisions have the legal force and effect OF
Judgment IN the High Court, When once the
parties 10 dispute have signed the form Of
submission. neither ono OF them can subse-
quently retract. without the consent Of tho
other. and after an award IS delivered. the In
formality OF having Il made a rule OF court
renders It executable BY all legal n. cans.
The nrbitrators. nominated by the Chamber
Of Commerce, and appointed BY the Corpora
tion OF the city OF London, are gentlemen highly
qualified either by long business experience or
special trade knowledge to act in this capacity.
The list Of arhitrators elected for 1897 contains
nany hundred names, including the b-st
known men engaged In all the variou. branches
dispute the rartes select from this official list
the names or one. two. or three arbitrstors
whom they would prefer to fudge their differ
Registrar OF the Chamber. merely in,imating
6s,tsr tSM they c!.n the selse,ed
ofieial of he Chamber and he or his depuiy
must DO present at all sttngs. He f required
to be- = barrister or solicitor Of at least seven
years. standing. and on him devolves all the
cases. such as obtaining the consent OF arbitra.
tors 10 sit In Judgment on particular cases. tho
aIa''29 OF dates OF trial the reception % Of fee
Monckton. gentleman neminentlyqualifed fora
post which often demands the immediate COM
traitors are Judging very technici Al matters and
are not assisted by the LEGAL Assessor of tho
Chamber. an official who sits as an exponent
Of the law. TO advise arbtrators lat their ro-
guest only on complicatsd points OF law Dr
sur.soradence that NAV arise in technical cases,
Tns official Is only present when disputants
desire his attendance. and agree to pay an
extra fee for the same.
required. and II Is Anticipated that eventually
q hail will be needed daily for rhe work of the
pee,ed 20 relieve the conSsstion em ina Of buslnes,
now prevailing In the law courts without. as
often happens in the courts. relieving dtsputants
OF the greater portion OF the amount In dis
pute iu the form OF fees and costs. The fees
Of the Chamber Of arbitration are In fact er-
temely small The. office fees. or sums ac-
cruing To the Chamber itself. are limited 10
one guinea. For this sum the disputants have
Rs ssnsh. Of the &c courts Intervention. ths
ton, and the forms supplied BY the Chamber.
For each arbitrator fee I. vavable NJ two
for each subsequent hour Of tho arbitration.
Di.putants may. however. on submitting their
fee. CT larger amount. should they DESIRE very
eminent perts IN act as arbitrator anu offer
,os ,oe, =, grntlemen more adequate c"mpensation
tot thelr services. Tho position OF arbitrator
oelng regarded as an honor. II never happens.
hnugb. that arbitrators OF the Chamber. how
Eyer enIine I. refuse to hear Il case utless
higher fees are paid than IN the ordinary scale
IN the other hand, II dtspuLants are agreed as
sphsra,, hsots ana Jointly submit written case. the
however long tho consideration OF the case
n.,' NAY BE- 10 such instance disputsnts are also
MANY cases are de,ided by one arbitrator,
10 other cases eacn dlsputant selects one arbi-
,ro no sct, as umpire In tho event o. the other
We railing TO agree. Otherwise the umpire
soos mot intervene In the award. but his fec In
N5hblo on the same scale n, those OF tho oIher
ioNrstors. The legal pssessor. when en-
plGyed Is entitled to n minimum fee OF five
.ulneas for his attendance for not more than
,htee hours or ten guineas for n dAl exceeding
ta'ee hours. His services are. however. pcarce-
ever required. Witnesses are allowed tho
e ssue Tees as tlOse allowed In the High Court,
sha when counsel or solicitors are employed
ffhey also are allowed the same fees as in the
hsh Court. but for attendance only.
.nl proceedings are private, and no persons
rslow nv showed to he present at tho hearing OF dis
putes efeept OH rials and witnesses and sucn
Vus - he resent.
at,hr procedure tn he followed In referring q
vspute To . Chamher q diatin guished by q
,sswshtiorwarc ,ssw simplicity which oonmends It,
Sa.o 70 all business men and hPscau cd 10 tn
euohe practice to insert In n majority OF
s,Iuinmhetrlal contracts made in London a clause
sssipuh'lnR thnt oil disputeH which may arise
ssspW,,,Ine To the contract shail.le submitted to
ch,Ih lou under I'll" rules OF the London
Nnom,a'nnrr, NO, In the case OF disputant- who have
no. previously bound themselves to u0mtt
roas w" ~ Ierences 10 the Chamber IL Is merely
Hvr'afI Tor both parties To sign a memnran-
IN S',i ~ ~ q cement referring their d risrsnces
S,ITn 'Tn 'hamber ana To place this signed sub
w. 'oit IN The hands Ot the Registrar. This
nsanhi,1''on' Is the basis OF all subsea ent
d. Rs II states whether the disputants
I'm