APPENDIX.

PART I.

PRECEDENTS AND FORMS (a).

No. I.

Clause in an Instrument providing for the Reference of future Disputes.

IF any difference shall arise between the parties to these presents, or their respective representatives, or between one of the parties and the representatives of the other touching these presents or any clause or thing herein contained, or the construction hereof, or as to any matter in any way connected with these presents or the operation thereof, or the rights, duties, or liabilities of either party in connection with the premises, then and in every such case the matter in difference shall be referred to two arbitrators, or their umpire, pursuant to, and so as with regard to the mode and consequence of the reference, and in all other respects to conform to the provisions contained in the Arbitration Act, 1889, or any then subsisting statutory modification thereof; and upon every or any such reference the arbitrators and umpire shall respectively have power to take the opinion of such counsel as they or he may think fit upon any question of law that may arise, and at their or his discretion to adopt any opinion so taken, and to obtain the assistance of such accountant, surveyor, or valuer as they or he may think fit, and to act upon any statement of

(a) A variety of other forms and precedents, more especially of submissions and awards, settled by the author, will be found in Vol. II. of the Encyclopædia of Forms and Precedents.

accounts, survey, or valuation thus obtained: AND all deeds, papers, writings and evidence in the possession or under the control of either of the parties, shall be produced to and deposited with the arbitrators or the umpire, at their or his request.

No. II.

Clause referring future Disputes to two Arbitrators or their Umpire-Short Form.

ALL differences whatsoever which may at any time hereafter arise between the parties hereto or their respective representatives touching these presents or the subject-matter thereof, or arising out of or in relation thereto respectively, and whether as to construction or otherwise, shall be referred to a single arbitrator in case the parties can agree upon one, otherwise to two arbitrators, one to be appointed by each party to the difference, whether consisting of more than one person or not, and in either case in accordance with and subject to the provisions of the Arbitration Act, 1889.

No. III.

Clause referring future Differences to an Arbitrator named, or to be named by a Public Official.

IF any difference shall arise between the parties hereto or their respective representatives, touching these presents, or the construction thereof, or the rights, duties, or obligations of any person hereunder, or as to any other matter in any wise arising out of or connected with the subject-matter of these presents, the same shall be referred to [the arbitration of A. B., of &c., or, in the event of his death, inability, or failure to act and take upon himself the burden of the reference within fourteen days after notice by one of the parties in difference, sent to him through the post to his usual or last known address in England, that a particular difference has arisen, then to] some competent arbitrator to be named by the President of the Institution. The arbitrator from time to time acting under these presents shall have all the powers conferred on arbitrators by the Arbitration Act, 1889, or any statutory modification thereof.

No. IV.

Clause giving a Valuation the Incidents of a Referencein Conditions of Sale.

IF any error, mis-statement, or omission be discovered in the particulars or conditions, the same shall not annul the sale, but if pointed out before the completion of the purchase, and not otherwise, shall form the subject of compensation, such compensation to be made to or by the purchaser as the case may require. The amount of such compensation, as well as of any valuation which is provided to be made or taken by these conditions, shall, in case the parties do not agree thereon, be settled by two referees, one to be appointed by each party, or an umpire, to be appointed by the referees, and in case either party shall fail to appoint a referee for the space of ten days after notice shall have been given to him by the other party so to do, the referee appointed by the other party shall make the final decision alone. The provisions of schedule 1 of the Arbitration Act, 1889, shall apply to a reference under this clause, and the agreement hereunto annexed, incorporating these conditions, shall be deemed to be and have all the incidents of a submission under section 1 of that Act.

No. V.

Notice requiring a Party to concur in the Appointment of a sole Arbitrator.

In the matter of an arbitration between A. B. and C. D.

Whereas by an agreement dated, &c., it was agreed [set out clause for arbitration to a single arbitrator in accordance with the Act of 1889]: And whereas differences have arisen between the parties to the said agreement on the following points [set them out]: And whereas no other mode of reference is provided by the said agreement and in pursuance of the provisions of clause (A) of the first schedule to the Arbitration Act, 1889, such reference is to a single arbitrator: Now THEREFORE, in pursuance of section 5 of the said Act, I, the said A. B., hereby request and require you, the said C. D., to concur in the

appointment of an arbitrator, and, in order to facilitate the appointment of such arbitrator, I nominate for your selection the following persons [set out names and descriptions], to either of whom, or to some other fit and proper person nominated by you and approved by me, I am willing that the matters in difference between us should be referred. And I further give you notice that in the event of your failing to concur in the appointment of a sole arbitrator I shall forthwith apply to the High Court of Justice to appoint a sole arbitrator.

Request to concur in Appointing a single Arbitrator before Proceeding to Appoint one of two.

day of

of

and made

Whereas disputes and differences have arisen between you and me within the meaning of [the arbitration] clause an indenture dated the between, &c., and I desire to have such differences settled by arbitration in accordance with the provisions of the said clause : I hereby give you notice that I am willing to concur in the selection of a single arbitrator, and in the event of our failing to agree upon a single arbitrator I shall forthwith on my part proceed to appoint an arbitrator to act in the matter of the said differences. And I give you further notice that I am willing to concur in the appointment of any of the undermentioned gentlemen, viz. [set out the names and descriptions].