meaning of the arbitration clause contained in an indenture dated the -day of and made between, &c., and

we are desirous of having the said differences settled by arbitration: Now THEREFORE, in pursuance of the provisions of the said indenture, we, the said and -, hereby jointly nominate and appoint you [arbitrator] of &c., to be the sole arbitrator concerning the premises and to determine all such matters in difference between us as aforesaid, and we hereby call upon you to act in the premises.

As witness our hands this

day of

19-.
A. B.

C. D.

No. VIII.

Appointment by one Party of an Arbitrator under a Clause referring future Differences.

Whereas by an indenture bearing date, &c., and made between A. B., of the one part, and me, C. D., of the other part, it is provided that all disputes and differences arising between the parties thereto shall be referred to two arbitrators or their umpire as therein mentioned: And whereas disputes and differences, within the meaning of the said indenture have arisen, and are now depending between the said parties thereto : NOW THEREFORE, in pursuance of the power in the said indenture contained, I, the said C. D., do hereby nominate and appoint you, X. Y., of to be an arbitrator of and concerning the premises. As witness my hand this

To X. Y., Esquire.

Sir,

No. IX.

day of

19-.

C. D.

Notice of the Appointment to the other Party.

I hereby give you notice that I have this day appointed X. Y., of &c., to be an arbitrator to settle by arbitration in

pursuance of the proviso in that behalf contained in an indenture dated, &c., the disputes and differences that are now depending between us. And I hereby give you further notice, requiring you within seven days from the service of this notice. on you, to name another arbitrator to act in the matter of the said disputes and differences, or failing to do so the said disputes and differences will stand referred to the said X. Y. alone.

Notice to one Arbitrator to Act alone on Default of Other

Party to Appoint.

In the matter of an arbitration between [first party] and [second party].

the

day of

Whereas by an instrument in writing under my hand dated I duly appointed you [arbitrator] to be an arbitrator to determine the matters in difference therein referred to between me, the above-named [first party] and the above-named [second party]: And whereas by a notice in writing, dated the day of -I informed the said [second party] of such appointment, and required him. within seven days from the service thereof upon him to name another arbitrator to act in the matter of the said differences : And whereas the said [second part] failed for seven days after service of such notice to appoint a second arbitrator: Now THEREFORE, pursuant to the power conferred on me by section 6 of the Arbitration Act, 1889, I hereby appoint you to act as sole arbitrator in the said reference, and I call upon you to proceed therewith.

Notice to Appoint an Arbitrator in the place of one who Refuses to Act, or is Incapable of Acting, or Dies.

In the matter of an arbitration between [first party] and [second party].

Take notice that [arbitrator], the arbitrator appointed by you in this matter, having refused to act [or having become incapable of acting, or having died], I, the above-named [first party] hereby request and require you to appoint an arbitrator to act in the place of the said [arbitrator], and if the appointment is not made within seven clear days after the service of this notice upon you I shall forthwith apply to the High Court of Justice for the appointment of an arbitrator in the place of the said [arbitrator].

Dated the

day of

To C. D., of &c.

A. B.

No. XII.

Notice of Application to Stay to a party who has commenced an Action in respect of Matters agreed to be Referred.

A. B. v. C. D.

Whereas you have commenced an action in the Chancery Division of the High Court of Justice against me, the undersigned, in respect of matters which, by an indenture dated the

day of, and made between, &c., it was agreed should be referred to arbitration as therein mentioned: And whereas I have always been, and still am, ready and willing to have all the said matters referred to arbitration, in accordance with the provisions of the said indenture, and to do all things necessary to the proper conduct of such reference: Now THEREFORE, I hereby give you notice requiring you to stay the said action and concur with me in taking all necessary steps to have the said matters referred to arbitration, and I give you further notice that unless you so concur I shall [forthwith appoint an arbitrator on my behalf and] apply to the said court for an order staying proceedings in the said action.

Dated the

day of

To A. B., of &c.

19-.

C. D.

No. XIII.

Submission of all Existing Differences to a Single
Arbitrator-Short Form.

1. We, the undersigned, hereby agree that X. Y., of shall decide all matters in difference between us, and for that end shall have all the powers given by the Arbitration Act, 1889, to arbitrators, and may direct either of us to do or submit to any act, or to sign or execute any instrument, and may obtain such professional assistance, and may give such directions, as to him shall seem meet. He may proceed ex parte if he think fit after such notice as he may deem reasonable.

2. This submission shall not be determined by the death of either of us.

day of

19-,

between A. B., of — of the one part, and C. D., of of the other part: WHEREAS differences have arisen, and are now depending between the parties hereto, relative to [set forth the matters in dispute] AND WHEREAS the parties hereto, for the purpose of putting an end to such differences, have agreed to refer the same to arbitration in manner hereinafter appearing: Now THESE PRESENTS WITNESS as follows (that is to say) :

:

1. It is hereby referred to E. F., of - [and in case of his death, incapacity, or unwillingness to act, to G. H., of ,] to award and determine concerning [set forth the specific matters to be determined], and all other matters in controversy

arising out of the subject of this reference, or in any wise incidental thereto.

day of

2. The arbitrator acting in the matters hereby referred shall have all the powers given to arbitrators by the Arbitration Act, 1889, and shall make his award under his hand on or before the - next, or within such extended time, not exceeding calendar months after that day, as the said arbitrator shall by writing under his hand appoint. 3. The said arbitrator shall have power to order and determine what he shall think fit to be done by either of the parties hereto respecting the matters in difference.

4. The said arbitrator shall have power to proceed ex parte in case either party fail after reasonable notice to attend before him.

5. The respective parties hereto will do and cause to be done all other things necessary and convenient for enabling the said arbitrator to make his award without delay.

6. This submission shall not be revoked by the death of either party before the making of the said award. IN WITNESS, &c.

between A. B., of &c., of the one part, and C. D., of &c., of the other part. [Recite disputes, and agreement to refer]: NOW THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, each of the parties hereto hereby covenants with the other of them, in manner following (that is to say)

:

1. It is hereby referred to E. F., of &c., and G. H., of &c., or in case of their disagreement to their umpire [to be appointed by writing under their hands before they enter upon the consideration of the matters referred] (a), to award and determine

(a) If the words in brackets in clause 1 are retained, clause 2 will be omitted.