No. XXIV. Notice to the Umpire by the Arbitrators of Disagreement. In the matter of an arbitration between, &c. We, the undersigned, the arbitrators duly appointed in the above matter, hereby give you notice that we are unable to agree upon an award in the above matter, and that you are now at liberty to enter on the reference in lieu of us and proceed to hear and determine the matters referred. Appointment of a Meeting by Arbitrator. In the matter of an arbitration between A. B and C. D. I appoint the day of o'clock in the forenoon, at proceeding in this reference. next, at the hour of [the place], for Appointment of Meeting with Notice of Intention to proceed ex parte. I appoint the B. v. D. day of next, at the hour of, &c., at, for proceeding in this reference, and I give notice that in case either party absents himself I shall, at the request of the party present, proceed with the reference ex parte [and further that I shall proceed with the hearing de die in diem unless completed on the said day]. No. XXVII. Originating Summons for the Appointment of an In the High Court of Justice. In the matter of an arbitration between A. B. and C. D. And in the matter of the Arbitration Act, 1889. Let C. D., of &c., attend the Judge [or Master] in Chambers, Central Office, Royal Courts of Justice, Strand, London, on the o'clock in the 19—, at day of noon, on the hearing of an application on the part of A. B., of &c., pursuant to section 5 of the Arbitration Act, 1889, that E. F., of &c., or some other fit and proper person, may be appointed to act as arbitrator under a submission dated the day of 19—, and made between the above-named A. B. of the one part and the above-named C. D. of the other part. solicitor for the NOTE. It will not be necessary for you to enter an appearance in the Central Office, but if you do not attend, either in person or by your solicitor, at the time and place above-mentioned, such order will be made and proceedings taken as the Judge may think just and expedient. No. XXVIII. Originating Summons for Leave to Revoke Submission. In the High Court of Justice. Chancery Division. Mr. Justice 19-. No. In the matter of an arbitration between A. B. and C. D. Let C. D., of &c., attend at the Chambers of Mr. Justice (a) This is a summons for use on an application to the King's Bench Division; the next, on an application to the Chancery Division. specified in the margin hereof, on the hearing of an application on the part of A. B., of &c., that the said A. B. may be at liberty to revoke and make void the power of the arbitrator [or umpire] to make his award in the reference herein. NOTE. It will not be necessary for you to enter an appearance, &c. [same as last form]. of the High Court of Justice in this behalf, hereby revoke and withdraw every power and authority which under or by virtue of a [deed] dated the- day of -, and made between, &c. [and a nomination in pursuance thereof, dated, &c.], or otherwise, has been given to [arbitrator] to determine and award upon any differences depending between me and the said [other party]. And I hereby prohibit the said [arbitrator] from proceeding to adjudicate upon the said differences or further acting in pursuance of the power so conferred upon him as aforesaid. As witness my hand [and seal] (a) this · 19-. No. XXX. day of Notice of Revocation to the Arbitrator and the Other Party. In the matter of an arbitration between, &c. day of I hereby give you notice that by an instrument in writing, dated the (a copy of which is sent herewith), I have revoked the authority of [you] [arbitrator] to determine any differences depending between me and [you] [other party]. Dated the day of 19-. (a) It must be under seal if the submission is by deed. No. XXXI. Summons to stay Action after Agreement to Refer. In the High Court of Justice. Let all parties concerned attend the Judge [or Master] in Chambers, Central Office, Royal Courts of Justice, Strand, London, on day, the o'clock in the day of 19-, at noon, on the hearing of an application on the part of the defendant, pursuant to section 4 of the Arbitration Act, 1889, that all proceedings in this action may be stayed, on the ground that the parties have agreed to refer the matter in respect whereof the action is brought, to arbitration, and that the plaintiff may be directed to pay the costs of this application. Notice of Motion to stay an Action contrary to Agreement Take notice that the Court will be moved before Mr. Justice day of on the at the sitting of the court or so soon thereafter as counsel can be heard, by counsel on behalf of the defendant, for an order pursuant to section 4 of the Arbitration Act, 1899, that all proceedings in this action may be stayed on the ground that the parties have by an indenture of partnership, dated the day of and 9 made between the plaintiff and defendant, agreed to refer the matter in respect whereof the action is brought to arbitration, and that the plaintiff may be directed to pay the costs of this application and that provision may be made as to the costs of the action. Order Staging Action after Agreement to Refer, made on Motion. [Title of Action and Reference to the Record as in Form No. XXXII.] Upon motion, &c., and upon reading, &c., this Court, pursuant to section 4 of the Arbitration Act, 1889, doth order that all further proceedings in this action be stayed until further order. And it is ordered that the costs of this application be costs in the action, and that the costs of this action be in the discretion of, and be dealt with by the arbitrators or umpire, as the case may be, to be appointed under the said deed, dated the day of 19-. Liberty to apply. No. XXXIV. (@). Subpoena for Attendance of Witnesses before Arbitrator. In the High Court of Justice. Division. 19-. No. In the matter of an arbitration between A. B. and C. D. And in the matter of the Arbitration Act, 1889. EDWARD THE SEVENTH, by the grace of God, &c., to [the names of three witnesses may be inserted], greeting. command you to attend before We at on (a) R. S. C., App. J., No. 1; Order XXXVII. r. 27. |