1698: 9 & 10 William 3 c. 15: An Act for determining Differences by Arbitration.
[Vin. V. 3. 40, &c. Dan. V. 1. 513.]
‘Whereas it hath been found by Experience, that References made by Rule of Court have contributed much to the Ease of the Subject, in the determining of Controversies, because the Parties become thereby obliged to submit to the Award of the Arbitrators, under the Penalty of Imprisonment for their Contempt in case they refuse Submission;’ Now for promoting Trade, and rendering the Awards of Arbitrators the more effectual in all Cases, for the final Determination of Controversies referred to them by Merchants and Traders, or others, concerning Matters of Account or Trade, or other Matters; Be it enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in Parliament assembled, and by Authority of the same,
[Merchants and Traders, &c. desiring to end Controversies by Arbitration, may agree their Submission of the Suit to the Award of any Person.]
That from and after the eleventh Day of May, which shall be in the Year of our Lord one thousand six hundred ninety-eight, it shall and may be lawful for all Merchants and Traders, and others desiring to end any Controversy, Suit or Quarrel, Controversies, Suits or Quarrels, for which there is no other Remedy but by personal Action or Suit in Equity, by Arbitration,
[Agreement so made to be inserted in their Submission, &c.]
to agree that their Submission of their Suit to the Award or Umpirage of any Person or Persons should be made a Rule of any of his Majesty’s Courts of Record, which the Parties shall choose, and to insert such their Agreement in their Submission, or the Condition of the Bond or Promise, whereby they oblige themselves respectively to submit to the Award or Umpirage of any Person or Persons, which Agreement being so made and inserted in their Submission or Promise, or Condition of their respective Bonds, shall or may, upon producing an Affidavit thereof made by the Witnesses thereunto, or any one of them, in the Court of which the same is agreed to be made a Rule, and reading and filing the said Affidavit in Court, be entered of Record in such Court,
[Parties to be finally concluded by such Arbitration.]
and a Rule shall thereupon be made by the said Court, that the Parties shall submit to, and finally be concluded by the Arbitration or Umpirage which shall be made concerning them by the Arbitrators or Umpire, pursuant to such Submission;
[In case of Disobediences, Party neglecting subject to Penalty, &c.]
and in case of Disobedience to such Arbitration or Umpirage, the Party neglecting or refusing to perform and execute the same, or any Part thereof, shall be subject to all the Penalties of contemning a rule of Court, when he is a Suitor or Defendant in such Court, and the Court on Motion shall issue Process accordingly, which Process shall not be stopped or delayed in its Execution, by any Order, Rule, Command, or Process of any other Court, either of Law or Equity,
[unless Arbitators misbehaved themselves.]
unless it shall be made appear on Oath to such Court, that the Arbitrators or Umpire misbehaved themselves, and that such Award, Arbitration or Umpirage was procured by Corruption, or other undue Means.
[Corrupt Arbitration void, and may be set aside, &c.]
II. And be it further enacted by the Authority aforesaid, That any Arbitration or Umpirage procured by Corruption, or undue Means, shall be judged and esteemed void and of none Effect, and accordingly be set aside by any Court of Law or Equity, so as Complaint of such Corruption or undue Practice be made in the Court where the Rule is made for Submission to such Arbitration or Umpirage, before the last Day of the next Term after such Arbitration or Umpirage made and published to the Parties; anything in this Act contained to the contrary notwithstanding.
Note: This was colloquially nknow as Locke’s Act, as John Locke drafted the bill.
Source: Ruffhead, Statutes at Large volume 3.
Further reading: Wikipedia.