Croning V. Attorney General

1913 Present: Lascelles C.J. and Wood Renton J.

CRONING v. THE ATTORNEY-GENERAL.

191-D. C. Badulla, 2,420.

Arbitration-Legal misconduct-Agreement between parties to refer matters in dispute to specified arbitrators-Compulsory reference to arbitration by Court-Arbitrator's fee.

Plaintiff sued the defendant on a contract made between plaintiff and the Provincial Engineer of Uva, whereby it was agreed, inter alia, that any matter in dispute should be referred to the arbitration of the Director of Public Works. The Court ordered the matters in dispute to be referred to the Director in terms of the agreement. The plaintiff, after the award was filed, moved to have it set aside on the ground that the arbitrator was guilty of legal misconduct, inasmuch as he had approved of a letter written by the Provincial Engineer offering to plaintiff a specified sum in settlement of his

Held, that the foot that the letter was written with the authority  of the arbitrator (Director of Public Works) did' not amount to  misconduct.

LASCELLES C.J.-The objection is thus to the qualification of the arbitrator, and, if raised at all, should have been made

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