IV. AGREEMENT for reference to ARBITRATION of a AGREEMT made the of, &c., liquidator of the day of BETWEEN A., Parties. Co, on behalf of the sd Co of dation. the one pt, and B., of, &c., of the other pt: WHAS the sd Recitals. Co is in course of voluntary winding up, and the sd A. has Company been appointed liquidator for the ppose of such winding up: in liquiAND WHAS the sd B. claims to be a creditor of the sd Co, Claim. but such claim is disputed: AND WHAS it has been agrd Agreement between the pties hto that the sd claim and any other to refer. matters in difference between the sd pties shall be referred to arbitration in mner and subjt as hinafter mentd: NOW Agreement. IT IS HBY AGRD as follows: referred. 1. Ir shall be referred to E., of, &c., to determine and Claim to be award whether any and what sum is due and owing from the sd Co to the sd B., or from the sd B. to the sd Co, and to decide all other matters, if any, in difference between the sd pties, and also to award how and by whom the costs of and Costs. incidental to the så reference and award (including the costs of this agreemt) are to be borne and paid, and to fix the amount of such costs, provd the award in writing of the sd Time for E. in the premes be made within calendar months award. from the date hereof, or within such extended time as by agreemt of the pties, or by order of the Chancery Division of the High Court of Justice, shall from time to time be allowed in that behalf, and the award to be so made by the sd E. shall be final and conclusive. making 2. THIS submission and the award may be made a rule of Submission the Chancery Division of the High Court of Justice on the may be application of either of the sd pties. 3. THIS agreemt is conditional on the same being sanctioned by an extraordinary resolution of the sd Co passed made rule of Court. Agreement to be subject to sanc tion of general meeting. psuant to the provons of the Companies Act, 1862, (a) at Recital. V. AGREEMENT referring matters in DISPUTE in an PARTIES, A., 1; B., 2. WHAS an action is now pending in the Division of the High Court of Justice, wherein the sd A. is plaintiff, Agreement and the sd B. defendant: NOW IT IS HBY AGRD that to stay pro- all proceedings in the sd action shall be stayed, except such ceedings, proceedings as may be necessary to carry out this agreemt for reference, and that in order to ascertain, settle, and adjust all accounts, claims, and demands in dispute in the and refer. sd action, the same shall be referred and the same are hby referred to the arbitration and determination of K., of, &c., [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 M., of, &c., or, "of such pson as the sd arbitrators shall in (a) See the Act, s. 159. As to references to arbitration by the company not in liquidation, see the Act, ss. 72, 73. (b) As to the changes introduced by the Judicature Acts, 1873 and 1875, in the proceedings and practice in case of a reference where an action is pending, see Wilson on the Act, 2nd edit. p. 265. writing under their hands before they enter on the business VI. BOND to abide by the AWARD of one or more named persons, as to SPECIFIED MATTERS, or all MATTERS in DIFFERENCE between the parties (a). Obligation of Bond from A. to B., see BONDS. reference. WHAS disputes and differences have arisen and are pend- Recitals. ing between the sd A. and B. concerning, state the specific Disputes. matters in dispute. AND WHAS the sd A. and B. have agreed Agreeto refer the sd disputes and differences [and all other matters ment for whatsoever in difference between them] to arbitration in mner hinafter appearing, and to execute mutual bonds in that behalf: NOW THE CONDON, &c., that if the Condition above bounden A., his hrs, exs, and ads, shall duly obey and perform the award or decision of K., of, &c., or, "K., to perform of, &c., and L., of, &c.," or, "K., of, &c., L., of, &c., and award. M., of, &c., or any two of them," concerning the afsd disputes and differences, [and all other matters whatsoever in difference between the sd A. and B.] so as the award of the sd arbitrator, or, " arbitrators" be made in writing, ready to be delivered to the sd A. and B. or either of them, or if they or either of them shall be dead before the making of the (a) As to submission to arbitration by mutual bonds, see Russell on Arbitration. The stamp depends on the penalty, but will not exceed 108 See the Stamp Act, 1870, Sched. tit. BOND. Umpire. award to their respive personal representatives who shall then, &c. (b). Statutory to be incor MISCELLANEOUS CLAUSES in AGREEMENTS to I. ALL the provons of the Common Law Procedure Act, provisions 1854, and of any statutory modification or re-enactmt thof porated. for the time being in force respecting references to arbitration, which may be applicable to the case, shall apply to this reference (except so far as the same are expressly excluded or varied by the terms of this agreemt). ; Evidence taken by may be II. THE sd umpire shall be at liberty to act upon all or arbitrators any pt of the evidence taken before the sd arbitrators as reported by them to him, and to make his award thereupon [unless either of the pties to the reference shall require any witnesses to be reheard or any other evidence to be retaken, or shall tender any fresh evidence, in which case acted on by umpire. (b) To be accompanied by a similar bond from B. to A. the sd umpire shall hear or examine such witnesses or evidence]. accountant. I. THE sd arbitrators or umpire shall be at liberty to Power to appoint and employ an accountant to assist them or him, at employ the expense of the sd pties, who shall be liable to such accountant for his reasble remuneration, And as between the sd pties the fees of such accountant shall be borne and paid as the sd arbitrators or umpire shall direct, and such accountant may be required to make his solemn declon according to the statute in that behalf of the truth of the account or statemt to be made out by him. cause maps, IV. THE sd arbitrators or umpire shall be at liberty to Power to make or cause to be made maps or plans of the sd lands, &c., to be houses, and premes, and to measure and survey or value the made. same, or cause the same to be measured and surveyed or valued, and to employ a surveyor, valuer, or other pson for such ppose at the expense of the sd pties, which expense. shall as between the sd pties be borne and paid as the sd arbitrators or umpire shall direct. to cause under V. THE sd arbitrators or umpire shall be at liberty in and Power by the award to direct that any buildings or works, which they or he may award to be erected or executed, shall be be done erected or executed under the supervision or direction of such supervisurveyor as they or he shall appoint in that behalf, and to sion of surveyor (a). determine in what mner the fees of such surveyor shall, as between the sd pties, be borne and paid. to take opinion of VI. THE sd arbitrators or umpire shall be at liberty to Power take the opinion of counsel upon any question arising in the sd reference, and to state a case for such ppose, and the counsel. expenses thof shall as between the sd pties be borne and paid as the sd arbitrators or umpire shall direct. state case VII. THE sd arbitrators or umpire may state any special Power to case, facts, or circumstances, previous to making their or for opinion his award, or in the award, or in any separate paper or of Court. writing accompanying the award, so that the opinion or (a) See Tomlin v. Fordwich (Mayor, &c.), 5 Ad. & El. 147. |