[set forth the matters to be determined], so that the award of the said arbitrators or umpire, concerning the same, be made and published in writing, ready to be delivered to the said parties or either of them, or if they, or either of them, shall be dead before the making of the same, to their respective personal representatives requiring the same, on or before the day of next, or such further day as the said arbitrators, or their umpire, may by writing under their or his hand, [indorsed on these presents,] from time to time enlarge the time for making their or his said award. 2 (a). The said arbitrators, at any time before making their award, may by writing indorsed on these presents, appoint an umpire. 3. The parties hereto, their executors and administrators, will in all respects abide by, observe, perform, and obey the said award so to be made and published as aforesaid. 4. The said parties respectively will do all acts necessary to enable the said arbitrators, or their umpire, to make their or his award herein, and neither of them will wilfully or wrongfully do, or cause to be done, any act to delay or prevent the said arbitrators, or their umpire, from making their or his award. And if either of the said parties shall wilfully or wrongfully do, or cause to be done, any such act as aforesaid, he shall pay to the other party such costs as the said arbitrators or their umpire may in writing declare to be reasonable. 5. The said arbitrators, or their umpire, shall have general authority to require from either of the said parties such written statements and explanations as may be deemed expedient. 6. In case either party refuse or fail after reasonable notice to attend, either personally or by counsel or solicitor, before the said arbitrators, or their umpire, at any meeting which they or he may appoint, it shall be lawful for them or him to proceed ex parte as effectually as if such party were present. 7. The said arbitrators, or their umpire, may in their or his said award order either party to do or to submit to any acts or to sign or execute any written instrument, and in the latter event may direct by whom and at whose expense the same is (a) See note on page 347. to be prepared, and may name any counsel by whom the same shall be settled in case the parties cannot agree thereon. 8. Neither of the parties shall bring or prosecute any action. against the other or against the said arbitrators or their umpire or either of them, for or in respect of the said matters in difference or any or either of them, or the said award to be made in pursuance of this submission. IN WITNESS, &c. No. XVI. Order of Reference of Action by Consent under Arbitration Act, 1889, s. 14 (a). 1. [State matters to be referred] shall be referred to the award of 2. The arbitrator shall have all the powers as to certifying and amending of a judge of the High Court of Justice. 3. The arbitrator shall make and publish his award in writing of and concerning the matters referred, ready to be delivered to the parties in difference, or such of them as require the same (or their respective personal representatives, if either of the said parties die before the making of the award) on or before the next, or on or before such further day as the arbitrator may from time to time appoint and signify in writing signed by him and indorsed on this order. 4. The said parties shall in all things abide by and obey the award so to be made. 5. The costs of the said cause and the costs of the reference and award shall be 6. The arbitrator may (if he think fit) examine the said (a) R. S. C. 1883, App. K., No. 24. parties to this cause, and their respective witnesses, upon oath or affirmation. 7. The said parties shall produce before the arbitrator all books, deeds, papers, and writings in their, or either of their custody or power relating to the matters in difference. 8. Neither the plaintiff nor the defendant shall bring or prosecute any action against the arbitrator of or concerning the matters so to be referred. 9. If either party by affected delay or otherwise wilfully prevent the said arbitrator from making an award, he or they shall pay such costs to the other as may think reasonable and just. 10. In the event of either of the said parties disputing the validity of the said award, or moving the to set it aside, the said shall have power to remit the matters hereby referred, or any or either of them, to the reconsideration of the arbitrator. 11. In the event of the arbitrator declining to act or dying before he has made his award, the said parties may, or if they cannot agree, the master may, on application by either side, appoint a new arbitrator. 12. Unless restrained by any order of the court or a judge, the party or parties in whose favour the award shall be made shall be at liberty within days after service of a copy of the award on the solicitor or agent of the other party to sign final judgment in accordance with the award, and for all costs that he or they may be entitled to under this order and under the award, together with the costs of the said judgment. Dated the day of 19-. No. XVII. The Same-Shorter Form. [Title of Action and Reference to the Record as in Form No. XVI.] Upon hearing and by consent It is ordered as follows: 1. That all matters in difference in this action be referred to the award of who shall have all the powers of certifying and amending of a judge of the High Court of Justice, and all the powers conferred on an arbitrator by Order 36 of the Rules of Supreme Court and the Arbitration Act, 1889. 2. The arbitrator shall make and publish his award in writing ready to be delivered to the parties, or their respective personal representatives if either of them die before the making of the award, on or before the next, or on or before such further day as the arbitrator may from time to time appoint. day of 3. The death of either party shall not revoke the arbitrator's authority. 4. The costs of the action, [shall abide the event and the costs of the] reference and award shall be in the discretion of the arbitrator. 5. The party in whose favour the award shall be made shall be at liberty within days after service of a copy of the award on the solicitor or agent of the other party to sign final judgment in accordance with the award, and for all costs that such party may be entitled to under this order and under the award, together with the costs of the said judgment. Order of Reference by Consent to Two Arbitrators or their Umpire. [Title of Action and Reference to the Record as in Form No. XVI.] By consent It is ordered as follows: 1. That all matters in difference in this action shall be referred to the award of A. B., an arbitrator nominated by the plaintiff, and C. D., an arbitrator nominated by the defendant, or in case of their not agreeing, then to the award of an umpire to be appointed by the arbitrators in writing before entering on the reference, and who shall within seven days signify his acceptance of the appointment. 2. The arbitrators shall make and publish their award in day of writing on or before the 3. In case the arbitrators shall allow the original or extended time to expire without having made an award, or shall deliver to either party or the umpire a notice in writing stating that they cannot agree, the umpire shall enter on the reference in lieu of them, and shall make his award within one month after he shall be entitled to enter on the reference, or within such extended time as he shall from time to time by any writing under his hand appoint. 4. The death of either party shall not revoke the authority of the arbitrators or umpire, and in either case the award shall be binding if made ready to be delivered to the parties or their personal representatives within one of the periods before mentioned. 5. The costs of this action and of the reference and award shall be in the discretion of the arbitrators if they shall make an award, otherwise in the discretion of the umpire. 7. The arbitrators and umpire shall respectively have all the powers as to certifying and amending of a judge of the High Court of Justice, and all the powers conferred on arbitrators by the Arbitration Act, 1889, and Order 36 of the Rules of Supreme Court. [8. In the Chancery Division. And let any of the parties be at liberty to apply to the judge in chambers as they shall be advised.] Dated the day of 19-. (1.) Partnership reference-power to award dis solution, &c. No. XIX. Special Clauses in Submissions. THE arbitrator shall have power to award the dissolution of the said partnership and to name the date from which such dissolution shall take effect. He may provide for the mode of realising the partnership assets and discharging its liabilities, either by awarding that the same be done by one of the partners |