Report No. 76

2.30. English law.-

The law in England before 1970, as stated by Russell, in his edition of 1963, was as follows1:

"The subject-matter of an action may be referred to a Judge as arbitrator. The Judge in such a case will, if such is the intention of the parties, be merely an arbitrator and will have no special powers by virtue of the fact that he is a Judge and his award will not be subject to appeal".

1. Russell on Arbitration, (1963), p. 117, for the old law.