 ... that court or a judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, and still remains,...  Acts of the Parliament of South Australia - Page 2by South Australia - 1891Full view - About this book
 | James Biggs Porter, William Feilden Craies - 1921 - 596 pages
...Court or a judge thereof, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that...arbitration, may make an order staying the proceedings. ' Sect. 27 of the statute defines a "submission" to be "a written agreement to refer present or future... | |
 | Saskatchewan - 1921 - 1162 pages
...court, or a judge thereof, if satisfied that there is no sufficient reason why the matter should not bo referred in accordance with the submission and that the applicant was at the time when the proceeding was commenced and still remains ready and willing to do all things necessary to the proper... | |
 | Alberta - 1922 - 944 pages
...make such order upon being satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission and that...arbitration may make an order staying the proceedings. [1909, c. 6, 8. 5.] Appointment 6. — (1) In any of the following cases, that is to say: of arbitrator... | |
 | 1922 - 764 pages
...Procedure either party could have applied to the Court for the stay of the suit, stating that she was ready and willing to do all things necessary to the proper conduct of the arbitration. Buch an application could only have been made at the time of the settlement of issues or before it,... | |
 | Ernest Washington Chance - 1922 - 622 pages
...steps other than entering appearance have been taken by the applicant, and that he was, and is still, ready and willing to do all things necessary to the proper conduct of the arbitration. The parties to the submission may, by agreement, alter its terms ; but the arbitrator has no power... | |
 | Herbert Emerson Smith - 1923 - 280 pages
...court or a judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that...arbitration, may make an order staying the proceedings. SECTION 5. In any of the following cases — (a) Where a submission provides that the reference shall... | |
 | John Arthur Slater - 1924 - 640 pages
...court or a judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that...arbitration, may make an order staying the proceedings. (5) In any of the following coses — (a) Where a submission provides that the reference shall be to... | |
 | 1935 - 190 pages
...and there is no sufficient reason why the decision should not be referred, and if the applicant is ready and willing to do all things necessary to the proper conduct of the arbitration (sec. 4) . When application is made to restrain an action, the plaintiff must satisfy the court that... | |
 | 1924 - 994 pages
...section 19 which lays down as one of the conditions for the exercise of the discretion under the section that the applicant was at the time when the proceedings were commenced, and thereafter ready and willing to do all things necessary for the proper conduct of the arbitration.... | |
 | 1894 - 1066 pages
...have always been and still remain ready and willing to have the dispute settled by arbitration, and to do all things necessary to the proper conduct of the arbitration." The defenders pleaded — "(2) The action is excluded by the clause of reference in the said memorandum... | |
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