1909 VLR 394IN RE FREEMAN v. KEMPSTER Supreme Court of Victoria A’BECKETT, J. 30 August 1909Arbitration — Submission to — Bankruptcy of one of the parties — Revocation by other party of authority of arbitrator appointed by bankrupt — Necessity of obtaining leave of Court therefor — Incorporation of laws of Victoria in submission — Supreme Court Act 1890 (No. 1142), ss. 141, 160.
A contract in writing provided that all differences arising between the contracting parties should be referred to two arbitrators, one to be appointed by each party. The contract did not expressly provide that the submission should be made a rule of Court, but provided (inter alia) that the arbitration should take place in Melbourne, and should be subject to the provisions of the laws in that behalf for the time being in force in Victoria, or, failing Melbourne, in such other place as the principal business should be then carried on. After differences had arisen between the parties, and one of them had been adjudged bankrupt, he appointed an arbitrator, whereupon the other party applied to the Court for leave to revoke the appointment, power, and authority of the arbitrator appointed.