The sun., 1897-03-14

fore the Chamber are the same as those adopted
upon whom the burton OF proof lies should
hrst oomplete his case. and be followed by the
o other party = with his evidence In answer TO TIC
wide discretion us to how the hearing OF each
particular case Ia TO be conducted. but In prac-
tice u Is not usually found difficult Tn agree as
n IT, the party On whom the burden OF proof les.
The evidence moy bc presented either by the
merclal agents. IL they reside in tho provinces
| or abroad. or by counsol. The employment OF
solicitors or legal counsel /. absolutely option-
al. The award must be made and signcd bv
tho arbitrators within two .ty.one dsys from
the conclusion Of the hearing. but in practice
this I. generally done within few hours. The
putants that the awar', Is ready for delivery.
for the purpose Of Demanding an order for It's
enforcement from Judge IN Chambers or TO
make an spplication U the High ourt to have
the award set aside. II tho arbitrators are ,us-
pected ~ error or OF misconduct. As a matter
OF fact. however. the awards Of the London
| aside. and that they are "a satisfactory to dispu.
tants Is evidenced by the fact that wnen parties
they recur 70 It's good ofices repeatedly. and in
all contracts thov subsequently, make stipulate
II. employ nent should occasion arise.
The provisions for refer Ing an award TO the
examination OF the hi9h Court are made on the
| princip!e that errdre humdnum est. and that an
| arbitrator mivnt b. susceptible OF corruption
or might make an error on u technical legal
point. The former cventuality Is not likely
to occur among the men on the list Of arbi-
traitors OF the London chamber. aud the latter
contingency Is a'oldsble by stating q specia,
case whereon may be- taken the opinion OF
found by the arbltrators. This, in practice.
has never been found necessary. the points OF
law arising before the Chamber being easily
solved by the Registrar or by the Legal IS
sessor. AS an instance OF tho satisfactory man.
ner In which cases are disposed OF. enc which
occurred during the past wear may be noted.
A dispute arose be ween two financial opera
tors respecting the division OF profits mado
! In certain transactions relating to the floating
OF n company. The amount In contest was
about $4,000; The whole matter was settled
this particular case been taken into the law
courts tho fees and costs would have exceeded
81 800, It 10 estimated. aud the litigation would
readily undersrood. therefore. that the mem.
bers OF the legal profession are not at ali favor
tion. and do their best to persuade clients no.
to resort U It, However, the nuniber OF cases
carried o-fore the court 10 steadily Increasing;
the importan % that the chamber must ulti-
mately assume in the settlement Of mercantile
disputes have taken firm stand in favor OF
the new institution.
Mr.. Henry Clarke. Chairman OF the Com
niittee OF Management OF the chamber. speak
inV OF the advantages that have resulted TO the
commercial commu, ity In London from the
establishment OF this tribunal. said recently:
AS was Anticipated when the chamber was
founded. the progress in the number Of cases
submitted has been gradual but substantial.
and there is every reason to be satisfied not
oniv with the spe-d and economy with which
cases have been dealt by the cham Der. but
Also WIN tns tmnr0yoaIeDts In tho ordinary
legal machinery tha, have been brought about
through the esta plishmeu OF the cha nber.
have In mind the institution OF u co n nercial
court at the central law courts This took
place two years ago. and was the lpshoi OF the
conviction which obtained in the legal profess
sion that unles. something was done TO al min
ish the costs and duration OF CONNIE cial law
suis. all these c"-rs would. In the course Of q
Few years. drift before the Chamber Of Arhi-
traitor. There lawyer arc pr-c led from
ohtai ming the di-proport'onate fees they often
get In cases decided In the law courts: disput-
0RNa has NhA NAV, - N.l..,
themselves; dispute. that occupy month. in
Jaw court are disposed OF In a few days. or
crecy OF the proc .cdIngs obviares all divulgsncs
OF trade aerrets, which must often he msn-
,oSea aoS In as EsSyns 70 sample and bulk
.'The-r con alterations led 10 n special court
being devoted To commercial case..wh,ch previ-
ously were sandwiched between libel suits.
will cases. and the unassorred conglomeration OF
civil acIlons that are tried before tho Judges
nf the High Court. BUSY men were kept loiter-
ing around the courts for an indefinite number
9f dsy. or weeks, waiting for their ACTIONS to
suffered and bad blood was bred betwe n men
who. II their differ had been settled eI 20.
ditiously ivan arbitrator. would have rema ined
good friends. IL was by no means unprece.
d~nted for an action 10 remain bending In the
law courts two years and to absorb In law eI-
had the same natter been submit ed TO the ar.
bitratinn OF third disintereSted person of
judgment and tact, such as one OF the zen tle-
men appoInted to act as arh.trators OF the LON
don Chamber OF Arbitration. not only would
the same award have been reached within q
few days. but dlsDutants would have been
spared sreat expenditure of money > nd much
loss OF valuable time TO say nothing Of the III.
feeling and even bitter enmity engendered by
THE Commercial Court ha. in certain de-
Trse ,b ,w tssis and dur
OF a large number Of ca.es, many Of "hich
have hay been transfeIrsd I. It from ",Se, courts
peculiarly well fitted for the consideration Of
commercial matters. and has conducted tie
cellent manner that IL 4. now. possible to get
commercial case disposed of within . few
weeks. instead Of months or years.
However. tho fact remains that arbitration,
rs conducted In the Lo1don chamber at tho
Gulld.iall possessrs enormous advantages over
litigation available In this country. There are
on our list | 200 expert business men. drawn
tees their imeartiality. Hearing. arc quickly
arranged and the costs are insignificant
Knotty legal questions rarely arise IN CONNER
cisl disputes. and when they do the arb:trators
on from her Majs.ty's Judges within a briet do
lay. | therefore feel justified In saying that In
r,on viii me ii. srbunA for
"Tns dIsad yantases OF ordinary litigation
are so great IN England that In many trades
IL had become custom for merchants IN have
their disputes settled bv an arbitrator appoint
cd by comI-ittee OF their own trade organiza-
posed OF by the comm rtees OF tho Stock EI.
change. tho Corn Exchange. the Baltic. and
other ,mart.. The objection to this sy.tem ia
that tho arbitrator 10 often In daily contact
with ono OF the parties. and may be thought
to lean toward his aido OF . dispute to tho
detriment OF the other party, especially when
the latter resides In the provinces or abroad.
Now that the London Chamber OF Arbitration
can be rcsorted TO this difficulty disappears.
as the list OF farbtrators OF the Chamber s rn ex-
tensivo that, II one OF the parties so desires.
arbitrato-s can always bs chosen who have
10 acquaintance with either disputRnt
since the inauguration OF the Chamber
steps have been taken 10 institute similar tri-
bunals In other commercial centres. such as
Manchester. Liverpool, Cardiff, and sheffield.
a Chamber m"delod on our London insti.u-
tion was inauRurated AT Melbourne some three
years ago"
Whsn II comes to making an estimate or
summary OF the actual work done In the past
Ave years by tho Chamber o. Arbitration. a
peculiar diflcu!tv ia encountered. requests
were made for Information for the puI Iposes of
this article regarding such POINTS at the num-
bLr Of cases di posed OF by the arbitration tri-
bunal. the sums OF money involved, ths longth
OF time occupied 10 adjusting disputes, &C
The Registrar, with true English cunserva-
tism, replied that II would be necessary 10 oh
tain the permission 81 the governing commit.
tee before any such Information could be fur
nlshsd. He kindly brought the matter no