Judgement

Appeal (No. 65 of 1930) from a decree of the High Court in its appellate jurisdiction (September 12, 1927) reversing a decree of the Court in its original jurisdiction (May 6, 1926) and setting aside the award of an umpire dated February 19, 1923, in an arbitration between the parties.

The facts giving rise to the appeal appear from the judgment of the Judicial Committee.

The High Court (Ramesam and Cornish JJ.), reversing the decision of Waller J., had set aside the award in question upon the grounds (1.) that there was not a valid agreement between the parties to submit the disputes between them to arbitration, (2.) that the umpire had misconducted himself, within the meaning of the Indian Arbitration Act, 1899, s. 14, in that before making his award he had taken legal advice without the consent or knowledge of the parties.

1931. June 25, 26. Sir Thomas Inskip K.C. and Van den Berg for the appellants. The fact that the umpire took legal advice as to the principles of law applicable was not in itself misconduct. It does not appear that he subordinated his mind to the advice received, so as to delegate the duty of deciding between the parties ; that being so there was no