APPENDIX.

APPENDIX OF FORMS.

[For terms deemed to be included in all submissions out of court, unless the contrary is expressed, see the schedule to the Arbitration Act, 1889 (52 & 53 Vict. c. 49), p. 798, in Appendix of Statutes.]

2. Whereas disputes and differences have arisen, and are still subsisting, between the above-mentioned parties, it is hereby agreed by and between them, to refer all disputes and matters in difference whatsoever between them (b).

3. To the award, order, and final determination of X. Y. of [ Esq., barrister-at-law.

Recital of subject redifferences, ferred.

], Appointment

of arbitrator.

4. So as the above-mentioned arbitrator make and publish his award Formal rein writing, and signed by him, of and concerning the matters referred, quisites of ready to be delivered to the parties or to either of them (c).

5. Or if they or either of them shall be dead before the making of the award, to their respective personal representatives who shall require the same (d).

] day of [

award.

Death of party no revo

cation.

] next (e), or on or Duration, power to enlarge time.

6. On or before the [ before any other day to which the arbitrator shall by any writing signed by him, indorsed on this submission, from time to time enlarge the time for making his award (ƒ).

(a) See P. I. ch. 3, s. 2, d. 2, p. 53, as to submissions by agreement.

(b) See P. II. ch. 2, p. 123, as to the subject-matters referred.

(c) See P. II. ch. 5, s. 1, p. 247, as to the formal requisites of the award. (d) See P. II. ch. 3, s. 3, d. 7, p. 166,

as to this provision against the death
of a party.

(e) See P. II. ch. 3, s. 1, p. 136,
as to the duration of the arbitrator's
authority.

(f) See P. II. ch. 3, s. 2, p. 143, as to enlarging the time.

FORM I. Power over costs.

Parties and witnesses to be sworn.

Power to proceed ex parte.

Power to call

7. And it is further agreed, that the costs of preparing and executing these presents and a duplicate hereof, and the costs of the reference and award, shall be in the discretion of the arbitrator, who may direct to, and by whom, and in what manner, the same or any part thereof shall be paid (g).

8. And that the witnesses on the reference and the parties (h) (if examined) shall be examined on oath or affirmation (i).

9. And that the arbitrator shall be at liberty to proceed ex parte, in case either party, after reasonable notice, shall at any time neglect or refuse to attend on the reference, without having previously shown to the said arbitrator what the latter shall consider good and sufficient cause for omitting to attend (k).

10. And that the parties respectively shall produce before the arbifor documents. trator all books, deeds, papers, accounts, vouchers, writings, and documents within their possession or control, which the arbitrator may require and call for, as in his judgment relating to the matters referred (1).

Parties to forward, not prevent award.

Parties to abide by award.

Parties not to bring action.

Power to refer back award.

11. And that the parties respectively shall do all other acts necessary to enable the arbitrator to make a just award; and that neither of them shall wilfully and wrongly do or cause to be done any act to delay or prevent the arbitrator from making his award (m).

12. And it is further agreed, that the said parties, their executors and administrators, shall, on their respective parts, in all things stand to, obey, abide by, perform, fulfil, and keep the award, so to be made and published as aforesaid (n).

13. And that none of them shall bring or prosecute action against the arbitrator or against any other of them, concerning the matters referred (o).

14. And it is further agreed, that in the event of either of the parties, their executors or administrators, being dissatisfied with the award, or disputing its validity, and moving the court to set the same or any part thereof aside, or on any motion being made respecting the said award, the said court, whether the award be insufficient in law or not, shall have power, if it shall think fit, to remit the award, or the matters

(g) See P. II. ch. 7, s. 1, p. 377, as to costs.

(h) See P. II. ch. 4, s. 1, d. 6, p. 185, as to examining the parties. (i) See P. II. ch. 4, s. 1, d. 5, p. 182, as to examination on oath.

(k) See P. II. ch. 4, s. 1, d. 10, p. 197, as to proceeding ex parte.

(1) See P. II. ch. 4, s. 1, d. 7, p. 190, as to production of documents.

(m) See P. I. ch. 3, s. 8, p. 106, as to preventing award being made.

(n) See P. III. ch. 3, p. 539, as to action for non-performance of award. (0) See P. I. ch. 3, s. 5, p. 68, as to agreement not to sue.