2. If either party to the reference makes default in appointing a surveyor Default in appointing for ten days after notice has been served on him by the other party to make arbitrator. such appointment, the party giving the notice may make the appointment in the place of the party so making default.

trator refus

act.

3. Where both parties to the reference have concurred in the appointment Single arbiof one surveyor for the settlement of the said disputes and differences, then ing, &c., to if such surveyor refuses or for seven days neglects to act, or dies, or becomes incapable to act before he has made his award, the matters in dispute shall be determined in the same manner as if such single surveyor had not been appointed.

trator refus

neglecting

4. Where each party to the reference has appointed a surveyor for the Third arbisettlement of the said disputes and differences, and a third surveyor has been ing or selected, then if such third surveyor refuses or for seven days neglects to act, to act. or before the final award is made dies or becomes incapable to act, the two surveyors shall forthwith select another third surveyor in his place; and every third surveyor so selected as last aforesaid shall have the same powers and authorities as were vested in his predecessor.

appoint

arbitrator

5. Where each party to the reference has appointed a surveyor for the Failure to settlement of the said disputes and differences, then if the two surveyors so third appointed refuse, or for seven days after request of either party neglect to select a third surveyor, or another third surveyor in the event of the refusal or neglect to act, death, or incapacity of the third surveyor for the time being, the President for the time being of the may, on the application of either party, select some fit person to act as third surveyor; and every surveyor so selected shall have the same powers and authorities as if he had been selected by the two surveyors appointed by the parties.

incapacity

one of

two arbitrators.

6. Where each party to the reference has appointed a surveyor for the Death or settlement of the said disputes and differences, then, if before the final award of is made, either surveyor so appointed dies or becomes incapable to act, the party by whom such surveyor was appointed may appoint in writing some other surveyor to act in his place, and if for the space of seven days after notice served on him by the other party for that purpose he fails to do so, the other surveyor may proceed ex parte, and the decision of such other surveyor shall be as effectual as if he had been a single surveyor in whose appointment both parties had concurred; and every surveyor so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former surveyor at the time of his death or disability as aforesaid.

7. Where each party to the reference has appointed a surveyor for the settlement of the said disputes and differences, then if either of the surveyors refuses or for seven days neglects to act, the other surveyor may proceed ex parte and the decision of such other surveyor shall be as effectual as if he had been a single surveyor in whose appointment both parties had concurred.

Refusal or

neglect to

act of one of

two arbitrators.

8. The parties to the reference and all persons claiming through them Production shall, subject to any legal objection, produce before the surveyor or surveyors ments.

of docu

View, plans,

or maps.

Evidence.

Several

awards may be made.

Costs in arbitrators' discretion.

Recital.

all books, deeds, papers, plans, accounts, writings, and documents within their possession or power respectively which may be required or called for, and do all other things which during the proceedings on the reference the surveyor or surveyors may require.

9. The surveyor or surveyors may inspect the premises and may make or cause to be made such plans or maps as may be deemed by him or them to be necessary for the purposes of the reference.

10. The surveyor or surveyors shall not be required to hear or receive evidence on oath or formal evidence, and shall be at liberty to determine the said disputes and differences as surveyors do by their knowledge and skill in the subject of the disputes and differences.

11. The surveyor or surveyors shall be at liberty to make one or more awards and any award given by such one surveyor, or by such three surveyors, or by any two of them, shall be final and binding on the parties and all persons claiming through them respectively.

12. The costs of the reference and award or awards shall be in the discretion of the surveyor or surveyors, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be paid or any part thereof.

8. Submission by Deed of Differences between Various Parties.

This indenture, made between A. B., of, &c., and C. D., of, &c., of the first part; E. F., of, &c., of the second part; and G. H., of, &c., of the third part.

Whereas disputes and differences have arisen, and are depending between the said A. B. and C. D., and the said E. F., and also between the said A. B. and the said E. F., and also between the said E. F. and the said G. H., touching and concerning [here shortly state the matters]: and in order to put an end to the said disputes and differences, the said parties have Agreement agreed to refer "the same" [or "all matters in difference"] to the award of X. Y., of, &c.

to refer.

Consent to abide by

award.

Now this indenture witnesseth that they, the said A. B., C. D., E. F., and G. H., do and each of them doth, each for himself severally and respectively, and for his several and respective heirs, executors, and administrators, covenant and agree with each other, his heirs, executors, and administrators respectively, to stand to, abide by, observe, and perform the award and determination of the said X. Y. of and concerning the premises aforesaid; so as the above-mentioned arbitrator [continue as in Form 3, clauses 4, 5, and 6]. And the said parties do hereby further agree that [add clauses considered advisable]. In witness whereof the said parties hereto set their hands and seals, the day of in the year of our Lord 19 Signed, sealed, and delivered by the said in the presence of

A. B. (L.S.)

C. D. (L.S.)

E. F. (L.S.)

G. H. (L.S.)

9. Submission by Bond in Common Form.

Know all men that I [obligor], of, &c., am bound to [obligee], of, &c., in
the said [obligee] or to his attorney,
For which payment I bind myself by
Dated this
day of

19

the sum of [penalty], to be paid to
executors, administrators, or assigns.
these presents. Sealed with my seal.
The condition of the above-written bond is such that if the said [obligor],
his heirs, executors, and administrators, shall in all things well and truly
obey, abide by, and perform the award and final determination of [arbitrator],
of, &c., arbitrator named as well on behalf of the above-bounden [obligor], as
of the above-named [obligee], to award and determine concerning all actions,
causes of action, claims, and demands whatsoever, which at any time or times
heretofore have been had, brought, commenced, done, suffered, or depending
by and between the parties; so as the said award be made in writing, under
the hand of the arbitrator, and ready to be delivered to the parties, or if
they or either of them shall be dead before the award shall have been made,
to their respective executors or administrators, who shall desire the same,
on or before the
next [or on or before such other day,
, as the arbitrator shall, by writing.

not beyond the

day of day of

19

under his hand, from time to time appoint], then the above-written bond

shall be void and of no effect.

Signed, sealed, and delivered by the above-named

[obligor], in the presence of

10. Submission of Claim under Policy of Fire Insurance.

This agreement, made the

day of

19 between A. B., of, Recital of

&c., hereinafter called the claimant, of the one part, and the

the claimant on the

day of

Assurance policy.

Corporation, hereinafter called the corporation, of the other part. Whereas
19, effected with the corporation
against loss or damage by fire on
And whereas Fire.

the policy of insurance numbered

day of

Claim.

disputed.

certain property therein mentioned in the sum of £
on the
19 a fire occurred on the premises in the said
policy of insurance mentioned. And whereas on the
day of
19, the claimant delivered to the corporation a claim for his alleged loss
and damage by the said fire to the goods and effects upon the said premises
amounting to the sum of £ which claim the corporation disputes. Claim
And whereas the parties hereto are bound by clause of the said policy Obligation
to refer to arbitration all differences which shall arise between the corpora- to refer.
tion and the assured touching any loss or damage. Now it is hereby agreed Agreement
between the parties hereto that the matters agreed to be referred to arbitra- to refer.
tion by the aforesaid clause of the said policy shall be referred to the
award of X. Y., of, &c., barrister-at-law, and that in all respects the reference Subject to
shall be subject to the Arbitration Act, 1889.

As witness the hands of the parties the day and year first above written.
The Assurance Corporation,

Arbitration
Act, 1889.

11. Arbitration Clause in Contract (General Form).

If any dispute, difference or question shall at any time hereafter arise between the parties hereto or their respective representatives [or assigns] in respect of the construction of these presents or concerning anything herein contained or arising out of these presents or as to the rights, liabilities, or duties of the said parties hereunder, the same shall be referred to the arbitration of X. Y., of, &c., or if he shall be unable or unwilling to act, then of some other person to be agreed upon by the said parties, or failing agreement, to be nominated by the President for the time being of the Society

[or the arbitration of two arbitrators, one to be appointed by each of the parties hereto or by his representatives or assigns] in accordance with and subject to the provisions of the Arbitration Act, 1889, or any statutory variation, modification or re-enactment thereof for the time being in force.

12. Arbitration Clause in a Building or Engineering Contract.

In case any disputes or difference shall arise between [the building owner or owners] or the engineer [or architect] on his [or their] behalf and the contractor [not already herein provided to be otherwise settled and determined by the engineer [or architect] in the manner set out in clauses ] such dispute or

difference shall be referred to A. B., of, &c., and failing his being willing and able to act as arbitrator then to C. D., of, &c., and failing his being willing and able to act as arbitrator, then to an arbitrator to be appointed by the President for the time being of the Institution of Civil Engineers [or Royal Institute of British Architects]. The arbitrator shall have all the powers conferred on an arbitrator by the Arbitration Act, 1889, and it shall be competent for him to enter upon the reference without any further or more formal submission than is contained in this contract. Provided always that he shall be at liberty to appoint a legal assessor to sit with or advise him during the arbitration and as to the making of his award. [Provided also that neither party to the said reference shall have any claim against the other party until the arbitrator shall have made his award, and then only for the amount of and in accordance with the terms of the said award.]

13. Arbitration Clause in Deed of Partnership.

And the said A. B. and the said C. D. do each of them, for himself, his executors and administrators, covenant, promise, and agree to and with the other of them, his executors and administrators, that if at any time or times during the co-partnership, or at or after any determination thereof, any dispute, or difference shall arise or happen between the said parties or either of them, their executors or administrators, touching the said partnership or the accounts or transactions thereof, or the dissolution or winding up thereof, or any covenant, agreement, clause, matter, or thing herein contained, or the construction or effect hereof, or in anywise relating hereto; then every such dispute or difference shall be referred to, and be determined by, two fit and indifferent persons, to be elected and chosen one by each of the said partners, with power to the arbitrators to elect an umpire in case of disagreement:

and that each of the said partners, his executors and administrators, shall abide by, perform, and keep the award and determination of the arbitrators, or of their umpire.

14. Agreement for Reference of Differences in a Cause.

day of

An agreement made the 19, between A. B., of, &c., of the one part and C. D., of, &c., of the other part. Whereas an action entitled V. is now pending in the Division of the High Court of Justice wherein the said A. B. is plaintiff and the said C. D. is defendant. And whereas the parties hereto are desirous of referring the differences and disputes arising in the said action to arbitration and of staying the proceedings in the said action. Now it is hereby agreed as follows:

:

1. All the claims and demands in the said action shall be referred to the arbitration and award of X. Y., of, &c.

day of

2. All proceedings in the said action shall forthwith be stayed [or shall be stayed until the 19 when, if no award shall be made, and the time for making the same shall not be enlarged, each of the parties shall be at liberty to proceed as they or either of them shall be advised].

3. The costs of the said action and of the reference and award shall be in the discretion of the arbitrator.

4. The said reference shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act, 1889, and shall be subject to the provisions of that Act as to references by consent out of Court.

In witness, &c.

(NOTE.—Where the only matters to be referred are the disputes and differences in an action, an order of the Court should not be taken referring the cause, if it is desired that the reference should be a reference to arbitration and that the person to whom the disputes are referred should be an arbitrator and not an officer of the Court, because, if an order of reference is taken it may be construed as a reference for trial under s. 14 of the Arbitration Act. Where, however, it is desired to refer an action and all matters in difference, an order of the Court may be taken, and does not come within the provisions of s. 14 of the Act. The reference under such an order is a submission to arbitration by consent out of Court, and the person named is an arbitrator and not an officer of the Court. (See ante, pp. 496-498)).

15. Agreement for Reference of a Cause and All Matters
in Difference.
day of

An agreement made the

19

between A. B., of, &c.,

V. is now pending in the

of the one part and C. D., of, &c., of the other part. Whereas a cause entitled

Division of the High Court of Justice wherein the said A. B. is plaintiff