Arbitrator may proceed in absence of companies.

Awards made in due time to bind all parties.

Agreements, arbitrations, and awards to have

effect.

Costs of arbitration.

Payment of costs.

Sect. 20. The arbitrator, and the arbitrators, and the umpire respectively, may proceed in the absence of all or any of the companies in every case in which, after giving notice in that behalf to the companies respectively, the arbitrator or the arbitrators, or the umpire, shall think fit so to proceed.

Sect. 21 provides that several awards may be made, one on each part of the matters referred instead of one whole award.

Sect. 22. The award of the arbitrator, or of the arbitrators, or of the umpire, if made in writing under his or their respective hand or hands, and ready to be delivered to the companies within such a time as the companies agree on, or, failing such agreement within thirty days next after the matters in difference are referred to (as the case may be) the arbitrator, or the arbitrators, or the umpire, shall be binding and conclusive on all the companies.

Sect. 26. Full effect shall be given by all the Superior Courts of Law and Equity in the United Kingdom, according to their respective jurisdiction, and by the companies respectively, and otherwise, to all agreements, references, arbitrations, and awards, in accordance with this Act; and the performance or observance thereof may, where the Courts think fit, be compelled by distress infinite on the property of the companies respectively, or by any other process against the companies respectively, or their respective property, that the Courts or any Judge thereof shall direct, and where requisite frame for the purpose.

Sect. 27. Except where and as the companies otherwise agree, the costs of and attending the arbitration and the award shall be in the discretion of the arbitrator, and the arbitrators, and the umpire respectively.

Sect. 28. Except where and as the companies otherwise agree, and if and so far as the award does not otherwise determine, the costs of and attending the

arbitration and the award shall be borne and paid by the companies in equal shares, and in other respects the companies shall bear their own respective costs.

Sect. 29. The submission to any arbitration in accordance with this Act may at any time be made a rule of any of Her Majesty's Superior Courts of Record at Westminster, or, as the case may be, at Dublin, on the application of any party interested; and the Court may remit the matter to the arbitrator, or to the arbitrators, or to the umpire, with any directions the Court may think fit.

FORMS.

FORM I.

(Forms of Submission generally used when the Reference is to One Arbitrator.)

By consent, let all matters in difference in this cause (or action) between the parties be referred to the arbitrement, final end, and determination of A. B., of who is to make his award in

writing on or before the

day as the said A. B. shall appoint; and by the like consent let all deeds, books, and papers in the custody or power of either of the parties relating to the matters in question, be produced before the said arbitrator as he shall direct, to be ascertained by the oaths of the respective parties producing the same; and the parties and their witnesses, being first sworn, are to be examined as the said arbitrator shall direct; and by the like consent, the costs of this cause (or action), and of this application, and of this reference, are to be in the discretion of the said arbitrator; and by the like consent, no action is to be brought by either of the parties against the said A. B. for any matter or thing he shall do in, about, or touching any of the matters hereby referred to him; and by the like consent, the said arbitrator is to have power from time to time to enlarge the time for making his award as he shall think fit.

FORM II.

(Form where Reference is to Two Arbitrators.)

Let all matters in difference in this cause (or action) be referred to C., of a person for this purpose nominated by the plaintiff, and of D., of a person nominated for this purpose by the defendant, or in case of their not agreeing to an

award, then to the arbitrement of such umpire as shall be appointed by them, the said C. and D., in manner hereinafter mentioned; and the said arbitrators are to make their award in writing on or before the day of or on or before such further day as they, the said arbitrators, shall from time to time, by any writing under their hands, appoint; and in case of the said arbitrators not agreeing in an award, the said umpire is to make his award, in writing, within the period hereinafter mentioned, that is to say, within three calendar months after the expiration of the time within which the power of the arbitrators to make an award shall have ceased; or within such extended time after the expiration of the said period of three calendar months as the said umpire shall from time to time, by any writing under his hand, appoint. Let all deeds, &c. (as in Form I.). And the costs of this suit and of this application are to be in the discretion of the said arbitrators and umpire, or of such of them as shall award upon the matters in difference. And no action, &c. (Form I.). And before the said arbitrators shall enter upon the matters referred to them, they are, by writing under their hands, to appoint some person to be approved by them, to be such umpire as aforesaid, and such umpire shall, by writing under his hand, signify his acceptance of such appointment-liberty to apply.

FORM III.

(Form appointing Umpire on failure of Arbitrators to do so after notice. C. L. P. Act, 1854, s. 12.)

Upon the application of the said E. F., of and it appearing that G., of

(description),

(description), the arbitrator

appointed by the said E. F. and H. I., of

the arbitrator appointed by the said J. S. in the matter of the above arbitration, have not appointed an umpire in pursuance of a notice dated

of them, the said arbitrators, the Judge doth, pursuant to sect. 12 of the Common Law Procedure Act, 1854, and by consent, appoint

FORM IV.

(Form making Submission an Order of Court under the C. L. P. Act, 1854, s. 12.)

Upon motion this day made unto this Court by counsel for

filed, &c., now produced and read

&c., as by affidavit of appears, and upon hearing counsel for This Court doth (by consent) order that the said agreement or submission to arbitration be made an order of this Court, to be observed and performed by all parties according to the tenour and true meaning thereof.

FORM V.

(Form for making Award an Order of Court.)

Upon motion, &c., by counsel for

and upon reading an

under the hand and seal of (name arbitraI verifying the execution of the

tor), and an affidavit of said award. Let the said award be made an order of this Court, to be observed by all parties thereto according to the true tenour and meaning thereof.

It is ordered by the Court, by and with the consent of the parties, their counsel and solicitors, that the jury find a verdict for the plaintiff for the amount claimed, subject to the award or certificate, order, arbitrement, final end, and determination of

who is hereby empowered to direct that judgment shall