IN RE AN ARBITRATION BETWEEN FUERST BROS. & CO., LTD., AND R. S. STEPHENSON (CATER, COLLINGS & CO., LTD., INTERVENING).

[1951] 1 Lloyd's Rep. 429

KING'S BENCH DIVISION.

Before Mr. Justice Croom-Johnson.

Arbitration - Arbitrator - Misconduct of umpire - Arbitrators' arguments concluded before umpire - Subsequent request made by umpire to seller's arbitrator for further evidence - Award made without hearing further argument by buyers' arbitrator - Failure by umpire to advise buyers' arbitrator of the intention to obtain further evidence - Waiver - Alleged practice of commercial arbitrators to keep each other informed in such circumstances - Incorporated Oil Seed Association Contracts (Form No. 41) for sale of Indian groundnuts - "Subject to shippers obtaining export licence" - Failure to ship - Claim by buyers against seller - Arbitrators appointed by each side - Failure to agree - Appointment of umpire - Arguments raised by arbitrators before umpire concerning Indian shippers' inability to obtain export licence - Hearing concluded - Subsequent request made by umpire to seller's arbitrator that he should obtain direct evidence from Indian shippers that licence had been applied for and refused - No communication made by umpire to buyers' arbitrator - Buyers' arbitrator informed by seller's arbitrator of umpire's request and of result of his (seller's arbitrator's) inquiries - Alleged commercial practice for one arbitrator to advise other arbitrator of such requests by umpire for further evidence - Validity - Authority of arbitrator to waive his principal's rights - Award made by umpire without further hearing - Motion by buyers to set aside award.