No legal proceedings to be

taken.

in writing within, forty, days next after the reference to them or him, or on or before any later day to which the sd arbitrators or arbitrator, by any writing signed by them or him, shall enlarge the time for making their or his award, and so as such umpire shall make his award or determination in writing within, twenty, days next after the original or extended time appointed for making the award of the sd arbitrators shall have expired, or on or before any later day to which the umpire shall, by any writing signed by him, enlarge the time for making his award: AND ALSO that no action or legal proceedings shall be commenced or prosecuted by either [any] of the sd pties hto or his [hrs] exs, ads, or assigns against the [any] other of them, his [hrs] exs, ads, or assigns, touching any of the sd matters in difference, unless the pty to be made defendant to such action or proceedings shall have refused or neglected to refer such matters to arbitration, psuant to the provon hinbefore contd, or unless the time limited for making such award as afsd shall have expired without any such award Parties to being made: AND ALSO that the respive pties to such reference, and all psons claiming through them resply (e), shall submit to be examined by the sd arbitrators, arbitrator, or umpire upon oath or affirmation in relation to the matters in dispute, and shall produce before the arbitrators, arbitrator, or umpire all books, deeds, papers, accounts, writings, and documts within the possion or power of the sd respive pties which may be required or called for, and do all other things which during the proceedings on the sd reference the sd arbitrators, arbitrator, or umpire may require: AND THAT the witnesses on the reference shall, if the arbitrators, arbitrator, or umpire shall think fit, be examined on oath or affirmation: AND THAT the costs of the reference and award shall be in the discretion of the arbitrators, arbitrator, or umpire, who may direct to and by whom and

be exam

ined.

Costs.

(e) If a company or corporation is a party, this should be extended to the directors, members, secretary, clerks and officers, as the case may be, of the company or corporation.

revocation.

in what mner the same or any pt thof shall be paid, and with power to tax or settle the amount of costs to be so paid or any pt thof, and to award costs to be paid as between solor and client. [AND THAT if either pty to the reference Penalty for shall revoke or attempt to revoke the authority of the arbitrators or either of them, or of the umpire, or of any such sole arbitrator as afsd, such pty shall pay to the other pty £ as liquidated damages, or if it is intended to render the submission irrevocable, in lieu of this provision say, " AND Power to THAT this submission to reference and any award made in mission psuance thof (ƒ) may, at the instance of either of the pties and award to the reference, and without any notice to the other of Court. them, be made (g) a rule or order of the - Division [any Division] of the High Court of Justice"].

make sub

a rule of

Short form

Common

cedure

Act, 1854).

II. AND IT IS HBY AGRD that any and every dispute, The same. difference, or question which shall at any time arise, &c., (in reliance as in Form 1., shall be referred to the arbitration of two on the psons, one to be appointed by each pty to the reference, Law Proor an umpire to be appointed by the arbitrators in writing before commencing the business of the reference, and the decision or award of the sd arbitrators or umpire shall be final and binding on the sd pties hto resply and their respive [hrs] exs, ads, and assigns. And these presents shall be deemed to be a submission to arbitration within the Common Law Procedure Act, 1854, or any statutory modification or re-enactmt thof for the time being in force. Add provisions as to costs as at p. 150, and for making submission and award a rule of Court, p. 151.

(f) See Jones v. Jones, 14 Ch. D. 593.

(9) A general agreement to refer matters in dispute cannot be revoked, Piercy v. Young, 14 Ch. D. 200; but a submission to arbitration of particular persons can be revoked, unless it contains provisions for making the submission a rule of court, R. v. Bardell and others, 5 A. & E. 619; Mills v. Bayley, 2 H. & C. 36; Thomson v. Anderson, L. R. 9 Eq. 523; Re Rouse and Meier, L. R. 6 C. P. 212; Randell v. Thompson, 1 Q. B. D. 748. Where the arbitrators are not named in the submission, they must be appointed in writing to enable the submission to be made a rule of court, Re Newton and Hetherington, 19 C. B. N. S. 342; Ex parte Glaysher, 2 H. & C. 442,

For reference to

trators, one

to be ap

each party,

and the

III. AND IT IS HBY AGRD that any and every dispute, three arbi- difference, or question, which may at any time arise between, &c., as at p. 148, shall be referred to the arbitration pointed by of three psons, of whom one shall be appointed by each pty to the reference, and the third shall be appointed in writing third by by the two arbitrators so appointed before commencing the business of the reference, and the decision of any two of the arbitrators shall be binding. Remainder of Clause as in Form 1. or II., mutatis mutandis, substituting for the words, "arbitrators, arbitrator, or umpire," the words, "arbitrators or arbitrator."

the two

first appointed.

For refer

ence to a named

IV. AND IT IS HBY AGRD that any and every dispute, difference, or question, which may at any time arise between, arbitrator. &c., as at p. 148, shall be referred to the arbitration of A., of, &c., whose decision and award shall be final and binding on the sd pties hto resply and their respive [hrs] exs, ads, and assigns, and who shall have power to direct to and by whom and in what mner the costs of the reference and award or any pt thof shall be borne or paid, if thought fit, add any of the provisions at pp. 150, 151, which may be applicable, saying, "the sd A.," instead of "arbitrators, arbitrator, or umpire," throughout, and provision for making submission and award a rule of Court, p. 151.

Parties.

PRECEDENTS.

I.

AGREEMENT referring existing specified DISPUTES between the Parties to the ARBITRATION of one or more persons. VARIATION, where all other MATTERS in difference are referred (a).

MEMORANDUM OF AGREEMT made the

day of

BETWEEN A., of, &c., of the one pt, and B., of, &c.,

(a) Stamp if under hand only 6d., if under seal 108.

of the other pt: WHAS disputes and differences have arisen Recital.
and are still subsisting between the sd A. and B. relative to,
state the specific matters in dispute. NOW IT IS HBY Agreement
AGRD that the sd disputes and differences [and all matters to refer.
in difference between the sd pties which now exist or may
arise at any time before the last ten days immediately pre-
ceding the day which shall be appointed by the arbitrator
[or arbitrators] hinafter mentd for the first sitting in the
arbitration] shall be referred, and the same are hby referred
to the arbitration and determination of K., of, &c., [or, K.,
of, &c., and L., of, &c., arbitrators nominated by the sd A.
and B. resply, or in case they shall not agree in making an
award, or in determining any matter or matters hby referred
to them, then, as regards the matter or matters as to which
there shall be such disagreemt, to the umpirage of such
pson as the sd arbitrators shall in writing under their hands
before they enter on the business of the reference appoint]:
PROVIDED that the sd arbitrator [arbitrators] make and Time for
publish his [their] award in writing signed by him [them] arbitrators
concerning the matters referred, ready to be delivered to the award.
sd pties or either of them, or, if they or either of them shall
be dead before the making of the award, to their or his
personal representatives who shall require the same, on or
before the

day of next, or on or before any sub-
day of

next, to

to make

sequent day, not later than the which the sd arbitrator [arbitrators] shall by any writing from time to time enlarge the time for making the sd award [AND So as the sd umpire make and publish his award or Time for umpirage in writing signed by him concerning the matters umpire referred to him, ready to be delivered as afsd, within days after the original or extended time appointed for making the award of the sd arbitrators shall have expired, or on or before any subsequent day, not being more than

days from such last-mentd time, to which the sd umpire shall by any writing signed by him enlarge the time for making his award or umpirage]. Add provision as to costs as at p. 150, and, if necessary, any of the other pro

to make award.

visions at pp. 150, 151, and 158 to 161, and clause for
making submission and award a rule of Court, p. 151.
IN WITNESS, &c.

Agreement.

II.

AGREEMENT for REFERENCE of Specified DISPUTES to Two ARBITRATORS or their Umpire. A Short Form without Recitals.

PARTIES, A., 1; B., 2. IN ORDER to settle and determine certain disputes and differences subsisting between the sd pties relative to, here state the specific matters in dispute, it is hby agrd as follows:-IT is referred to K., of, &c., (an arbitrator appointed by the sd A.), and L., of, &c., (an arbitrator appointed by the sd B.), or an umpire to be appointed by the sd arbitrators in writing before entering on the business of the reference, to decide and award whether, &c., specifying matters referred, but so that the sd arbitrators shall make and publish their award, &c., as in last Precedent.

IN WITNESS, &c.

III.

REFERENCE of all Matters in DISPUTE to one
ARBITRATOR. Short Form.

WE, A., of, &c., and B., of, &c., do hby refer all matters in dispute between us to the award and determination of K., of, &c. Add provision for making submission and award a rule of Court, p. 151.

IN WITNESS, &c.