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.
Formerly, where no oversman was named in the submission, and no power given to the arbiters to name one, the proceedings were abortive if the arbiters disagreed, unless the parties consented to a nomination.
4, where arbiters differ in opinion, they, or, if they fail to agree on the point, the court, on the application of either party, may nominate an oversman whose decision is to be final.
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