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LX.

Know all men by these presents, that I, A. B., of [

], have re- Revocation of submission by a party.

voked, annulled, and made void, and by these presents do revoke,
annul, and make void, all the power and authority which by [recite the
submission, for instance], a certain agreement of reference in writing,
made the [
], A.D. [ ], between me, the
], were conferred upon X. Y., of

] day of [

said A. B., and C. D., of [

[

], the arbitrator thereby appointed to award and determine on certain matters in difference between me and the said C. D.; and I do hereby discharge and prohibit the said X. Y. from making any award, or from any further proceeding in the said arbitration.

As witness my "hand" [if the submission be by bond or deed, say "hand and seal"], this [ ], A.D. [ Jo). A. B. [if by deed, L.S.]

] day of [

Witness,

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] day of [

], A.D. [

arbitrator.

I hereby give you notice that by a writing under my hand and seal, Notice of made on the [ ], I have revocation to revoked, annulled, and made void your authority as arbitrator; and I hereby discharge and prohibit you from further proceeding in the matters of the arbitration between me and C. D.

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I hereby give you notice that I have made and published my award in writing respecting the matters in difference between Mr. A. B. and Mr. C. D. referred to me, and that it lies at "my chambers" [or other place specified] ready to be delivered.

The charges amount to £[

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solicitor for Mr. A. B.,

To Mr. A. B., and Mr. G. H., and to Mr. C. D., and Mr. I. K., solicitor for Mr. C. D.

(0) See P. II. ch. 3, s. 3, d. 1, p. 152, as to revocation by a party.

(p) See P. II. ch. 5, s. 1, dd. 2, 3, pp. 249, 250, as to publishing and

delivering the award. Also P. III.
ch. 9, s. 2, d. 1, p. 656, as to effect of
notice on the parties.

AWARDS.

LXIII.

Award on a reference by order of Nisi Prius on the usual terms.

Recital of order.

Of power to the arbitrator over the verdict.

], the [

[See order of Nisi Prius on the usual terms, Form XVIII.—(a) Whereas at the assizes held at [ ], in and for the county of [ ], on [ ] day of [ ], A.D. 1890, before the Right Honourable John Dale Lord Coleridge, Chief Justice of England, and others his fellows, justices of our said Lady the Queen, appointed to take the assizes for the said county of [ ], according to the form of the statute in that case made and provided: on the trial of an action in which A. B. was plaintiff and C. D. defendant, it was ordered by the court, with the consent of the parties, their counsel, and solicitors, that a verdict should be entered for the plaintiff, damages the amount in the statement of claim in the above cause mentioned, costs 40s.; but that such verdict should be subject to the award, order, arbitrament, final end, and determination of me, X. Y., Esq., barrister-at-law; who was by the same order empowered to direct, that a verdict should be entered for the plaintiff or for the defendant, as I should think proper; and to whom the above-mentioned cause, and all matters in difference between the parties, were Of manner in thereby referred: so as that I the said arbitrator should make and which award publish my award in writing respecting the matters referred, ready to be delivered to the said parties, or to either of them; or if they, or either of them, should be dead before the making of the award, to their respective personal representatives who should require the same; on or before the fourth day of the then next Easter Term, or on or before any other day, to which I the said arbitrator should, by any writing under my hand to be indorsed on the said order, from time to time enlarge the time for making my award.

Of cause and

all matters referred.

to be made.

Of power to the arbitrator to enlarge the time.

Of power to the arbitrator over costs.

Of enlargement of time by the arbitrator.

And whereas it was also ordered that the costs of the said cause to be taxed should abide the event of the said award, and that the costs of the reference and of my award, to be taxed, should be in the discretion of me the said arbitrator, who might direct and award to and by whom, and in what manner, the same should be paid. And whereas I the said arbitrator, on the [ A.D. [ ], did, by writing under my hand, indorsed on the said order, enlarge the time for making my award until the [ ] then next.

of [

] day of [

(a) See P. II. ch. 5, s. 2, p. 256, as to the form of the award.

],

] day

And whereas I the said arbitrator, on the [

A.D. [

] day of July, FORM LXIII.

], did, by writing under my hand, indorsed on the said order, further enlarge the time for making my award until the [ day of [

], A.D. [

].

Of further enlargement of time.

Now I the said arbitrator having taken upon myself the burthen of Award of and this reference, and having duly weighed and considered the several concerning the premises. allegations of the said parties, and also the proofs, vouchers, and documents which have been given in evidence before me, do hereby make and publish my award in writing of and concerning the matters above referred to me (b), in manner following, that is to say:

As to the issue joined in the said action in respect of the contract (c), On issue as to I award and adjudge that the defendant did contract in manner and contract. form, as the plaintiff has in his statement of claim in the said action alleged against him.

And as to the issue joined in the said action in respect of payment, On issue as to I award and adjudge that the defendant did not pay to the plaintiff, payment. nor did the plaintiff accept of and from the defendant the sums in the statement of defence of the defendant in the said cause mentioned, or any part of them, in full satisfaction and discharge of all or of any of the causes and rights of action in the statement of claim mentioned, in manner and form, as the defendant has alleged.

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cause.

And I further award and adjudge that the plaintiff has sustained Award of damages, by reason of the non-performance by the defendant of the damages in the contract in the statement of claim mentioned, to the amount of [ [it is better to state the sum in words than in figures] pounds, which sum Direction to I award and direct the defendant to pay to the plaintiff (d).

pay.

And I further award and direct that the verdict which has been Verdict to

] above-mentioned (e).

reduced damages. Award as to other matters in difference.

entered for the plaintiff do stand; but that the entry of damages be stand, but for reduced to the sum of £ [ And I further award and adjudge that there are no matters in difference between the parties other than those in the said action. [Or, “And as to the matters in difference between the parties other than those in the said action, I award, adjudge, and direct, that the defendant do pay to the plaintiff the sum of [ ] pounds, in full satisfaction and discharge of all claims and demands by the plaintiff against the defendant in respect of the same (ƒ).” Or, “And I further award and adjudge that the defendant has no claim or demand against the plaintiff in respect of any matters in difference between them (g)."]

And I further award and direct that the defendant do pay to the plaintiff his costs of and incidental to the reference and the costs

(b) See P. II. ch. 5, s. 4, p. 261, as to awarding of and concerning the premises.

(c) See P. II. ch. 6, s. 2, d. 4, p. 342, as to awarding on the issues.

(d) See P. II. ch. 6, s. 4, p. 356, as to awarding damages.

(e) See P. II. ch. 6, s. 3, p. 350, as to awarding a verdict.

(f) See P. II. ch. 5, s. 4, d. 2, p. 266, as to awarding a gross sum.

(9) See P. II. ch. 5, s. 4, d. 7, p. 274, as to negativing groundless claim.

Award, defendant to pay plaintiff's costs of reference and award.

FORM LXIII. of the award, and that the defendant do bear his own costs of the

Commence

same (h).

In witness whereof I have hereunto set my hand this [

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] day

X. Y.

1. Whereas by a certain "agreement in writing" [or "indenture"],

ment of award bearing date the [ between A. B., of [

reciting sub

mission by

agreement or deed.

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] day of [

], A.D. [
], made
], ["of the first part,"] and C. D., of
[
], ["of the second part,"] reciting that [here recite so much
of the matters in difference as will explain and justify the subsequent
directions of the award] it was agreed that "the same" [or "that all
matters in difference,"] [state the terms of reference as the case may be]
should be referred to the award and final determination of me, X. Y.,
of [
]. And whereas it was further agreed that [here set forth
such of the several powers and provisions in the submission as warrant the
following directions of the award]. Now I the said arbitrator, &c.

2. To all to whom these presents shall come, we, U. V., of [
and X. Y., of [
1, send greeting.

Whereas A. B., of [

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], did by his bond, bearing date this ], become bound to C. D.,

], A.D. [

], in the penal sum of £ [

]; and the said C. D.,

].* Which

by his bond, also bearing date the day and year aforesaid, became
bound to the said A. B. in the like penal sum of £ [
bonds respectively recite that [here set out so much of the recital in the
bonds as suffices to show what is referred and to explain the rest of the
award]. Under which bonds conditions were respectively written for
making the same void, if the said A. B. and C. D. respectively, and
their respective heirs, executors, and administrators, should observe,
perform, and keep the award, which we the said arbitrators should
make "of and concerning the said matters referred " [according to the
bonds]; so as we the said arbitrators, should make and publish our
award in writing, &c., &c. [as in Form VII., altering the person and
tense, as far as the commencement of the provision respecting the umpire.]
Now we the said arbitrators, &c.

(h) See P. II. ch. 7, s. 1, p. 373, as to awarding costs.

(i) In the following clauses, appended to the first form of an award, an endeavour has been made to collect under one head a variety of forms of the parts of awards most wanted in ordinary practice; of modes of adjudicating on matters which most frequently arise for decision; and of directions often neces

sarily or beneficially inserted in an award. An arbitrator, selecting from these clauses, such as suit the subject of reference before him, and are within the powers conferred on him by the submission, will find, it is hoped, little difficulty in adapting the above form, or some of the other forms of awards, to his own particular purpose.

on submission

3. [Award, on submission by bond, between parties. Commence as in FORM LXIII. the preceding clause, as far as the asterisk.]-Under which bonds Commenceconditions were respectively written, that the said A. B. and C. D. ment of award respectively, and their respective heirs, executors, and administrators, by bond. should in all things well and truly stand to, obey, abide by [continue as in the submission, to the end of the recital of the matters referred]; so as I the said arbitrator should make and publish my award [here follow the provision of the bonds, as to the delivery of the award, the time for making it, and the power of enlargement, changing the person and tense.] Now I the said arbitrator, &c.

4. Whereas by a certain deed poll, made and executed by A. B., of Commence], on the [ ] day of [ ], A.D. [

[ ], and ment of award -on a submisby a certain other deed poll, made and executed by C. D., of [ ], sion by deeds on the day and year last aforesaid, after reciting that [here recite such poll; portions of the recital in the deeds poll as are material to explain the award], it was agreed that [matters referred] should be referred to the award of me, X. Y., of [ ], &c., &c.

5. Whereas by an order of reference made by the Honourable Sir T. C., one of the judges of Her Majesty's High Court of Justice, all matters in difference in a certain action then pending in the said court, between A. B., plaintiff, and C. D., defendant, were referred to me, X. Y., Esq., barrister-at-law, in manner and form as by the said order, reference being thereto had, will more fully and at large appear.

[

6. Whereas by an order made at the sittings of Nisi Prius, held "at ], in and for the county of [ ]," [or" at the Guildhall, in ] day of [

and for the city of London"], on the [

[

], A.D.

], before the Right Honourable John Dale, Lord Coleridge, Chief Justice of England [or before any other judge, as in the order of reference]; in a certain action, &c.

on a submission by a judge's order;

on an order of Nisi Prius;

7. Whereas by a rule of the Queen's Bench Division of Her Majesty's on a submisHigh Court of Justice, made the [

] day of [

], A.D.

sion by rule of court.

[
], in an action wherein A. B. was plaintiff, and C. D. defen-
dant, it was, by consent, ordered that all matters in dispute between
the said parties should be referred to the award of me, X. Y., of
].

[

8. [Recite the submission, as to the appointment of the arbitrators, and the provision for appointing an umpire, and such other parts as may be necessary, and proceed.]-And whereas the said U. V. and X. Y. did, by a writing under their hands, bearing date the [

[

] day of

Recital in award by umpire.

], indorsed on the said order of reference [or as the case may be], appoint me, A. Z., of [ ], to be the umpire, pursuant to the Appointment said order. "And whereas the said U. V. and X. Y. did not make of umpire. award of and concerning the premises before the [

[

any

] day of

]," [the limit of the arbitrator's authority.] [Where there is Arbitrators not

no limit, say instead, "And whereas the said U. V. and X. Y. have not made award.

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