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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
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
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