Re Elkinson and Doyle's Arbitration (No. 1)

• Jurisdiction: Ireland
• Judgment Date: 08 March 1946
• Date: 08 March 1946
• Court: High Court

In re Elkinson and Doyle's Arbitration (No. 1)

Arbitration under 10 Wm. 3, c. 14 - Submission to arbitrate made rule of Court - Order of Master of High Court confirming award unless cause shown - Whether side-bar rule or "conditional order" within Or. LII, r. 12, of Rules of Supreme Court (Ir.), 1905 -Delay in service of such order - Whether order discharged - Whether submission "entered of record" - Jurisdiction of Master of High Court -Distinction between side-bar and conditional orders - Form of submission to arbitration -Practice as to enforcement of award - 10 Wm. 3, c. 14, Common Law Procedure Amendment Act (Ir.), 1856 (19 20 Vict., c. 102), s. 14; Rules of the Supreme Court (Ir.), 1905, Or. XXX, r. 1, Or. LII, r. 12, Or. LVI, rr. 1 and 2; Rules of the High Court and Supreme Court, 1926, Or. XIII, r. 1.

A contract made between E. and a building firm contained a clause submitting any disputes to arbitration and providing that such submission and any award thereunder might be made a rule of Court. In April, 1943, the Official Assignee in bankruptcy in whom the assets of the building firm had vested, obtained an order from the Master of the High Court making this submission a rule of Court. In July, 1943, the arbitration was held and a sum was found due by E. to the Official Assignee. By an order of the Master made in December, 1943, the award was declared confirmed unless cause shown to the contrary within six days after service of the order. This order was not served until October, 1945, after the termination of a then pending action concerning the validity of the arbitration. By an order of the Master made in January, 1946, the order of December, 1943, was made absolute. E. applied to have the order of January...