They named as their umpire and president M.
An arbitrator (and the following observations apply mutatis mutandis to an umpire after he has entered on his duties) has power to administer oaths to, or take the affirmations of, the parties and their witnesses; and any person who wilfully and corruptly gives false evidence before him may be prosecuted and punished for perjury (Arbitration Act 1889, sched.
He is said to have acted as umpire during the dispute of Poseidon and Athena for the possession of Attica.
The choice of an umpire was entrusted to the king of Italy.
Section 5 provides that where a reference is to be to a single arbitrator, and all the parties do not concur in appointing one, or an appointed arbitrator refuses to act or becomes incapable of acting, or where the parties or two arbitrators fail, when necessary, to appoint an umpire or third arbitrator, or such umpire or arbitrator when appointed refuses to act, or becomes incapable of acting, and the default is not rectified after seven clear days' notice, the court may supply the vacancy.
The umpire may be chosen by the arbitrators themselves or nominated by a neutral power.
The submission terminates (i.) by the death, refusal, resignation or inability to act of one of the arbitrators; (ii.) by the expiration of the period agreed upon, or of three months if no time had been fixed; (iii.) by the disagreement of two arbitrators, unless power be reserved to them to appoint an umpire (art.
The deed of submission first defines the terms of the reference, the name or names of the arbiters or arbitrators, and the "oversman" or umpire, whose decision in the event of the arbiters differing in opinion is to be final.
Where there are two or any other even number of arbitrators, provision is usually made for an umpire (French sur-arbitre).
These four (none of whom, it will be observed, was of the nationality of either party in difference) chose for their umpire Professor Matzen, of Copenhagen, president of the Landsthing there.
An umpire is required to make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or any later day to which he may enlarge it.
To restore this prosperity had for about a century before 1921 been the secular mission of Great Britain in these lands, the British resident in the Persian Gulf, acting as the representative of the Government of India, being the umpire to whom by long custom all parties on both coasts appealed and who had by treaties been entrusted with the duty of preserving peace.
The next is the choice of the arbitrators and of an umpire if the number of arbitrators is even.
An arbitrator or umpire ought not, however, to state his award in such a way as to deprive the parties of their right to challenge the amount charged by him for his services; and accordingly where an umpire fixed for his award a lump sum as costs, including therein his own and the arbitrators' fees, the award was remitted back to him to state how much he allotted to himself and how much to the arbitrators (in Re Gilbert v.
The umpire is required to give his decision within one month of his acceptance of the appointment; before making his award, he must confer with the previous arbitrators who disagreed (art.
On each side an umpire was appointed, Abu Musa al-Ash`ari, the candidate of Ash`ath, on that of Ali, Amr-ibn-el-Ass (q.v.) on that of Moawiya.
In neither of these cases was there an umpire; nor was any necessary, since the decision, if not unanimous, lay with the majority.
The arbitrators who are to determine this difference are, unless otherwise specially agreed, to be chosen from the general list of members in the following manner: - each party is to name two arbitrators, and these are to' choose a chief arbitrator or umpire (sur-arbitre).
The hearing consists in the discussion of the matters contained in the several cases, and is conducted under the direction of the president who is either the umpire, or, if there is no umpire, one of the arbitrators.
But its existence will not help to prove an early knowledge of reading or writing, for in order that everything may be fair, it is clear that the umpire should not be able to identify the lot as belonging to a particular individual.
If the arbitrators, differing in opinion, cannot agree upon an umpire (tiers arbitre), the president of the Tribunal of Commerce will appoint one, on the application of either party (art.
Arbitrators and umpire must proceed according to the ordinary rules of law, unless they are specially empowered by the submission to proceed as amiables compositeurs (art.
Most of these claims were settled by a mixed commission, with the king of Prussia as umpire, in 1840-1841, and a forced loan was raised to pay them in 1843, which stimulated the revolt of Paredes against Santa Anna, who had returned to power in 1844.
4 in., and of spare but muscular build; he had been in youth remarkably strong and skilful in the athletic games of the frontier, where, however, his popularity and recognized impartiality oftener made him an umpire than a champion.
Abu Musa was appointed umpire on the part of Ali, and 'Amr-ibn-el-Ass, a veteran diplomatist, on the part of Moawiya.
The Brehon was an arbitrator, umpire, and expounder of the law, rather than a judge in the modern acceptation.
The court may by order remit an award to the arbitrators or umpire for reconsideration, in which case the reconsidered award must be made within three months after the date of the order.
But in the absence of evidence to show that the fees charged by arbitrators or umpire are extortionate, or unfair and unreasonable, the courts will not interfere with them (Llandrindod Wells Water Co.