11. Bond of Submission without Recitals where all Matters in difference are referred. [The obligatory part of the bond is in the usual form. State the condition thus:] The condition of the above obligation is such that if the abovebounden C. D., his heirs, executors and administrators, on his or their part or behalf, shall and do in all things well and truly stand to, obey, abide by, perform, fulfil and keep the award of A. A., of, an arbitrator appointed and named as well by and on the behalf of the above-bounden C. D. as of the above-named A. B., to arbitrate, award, order and determine of and concerning all matters in difference between them [as the case may be], so as the said arbitrator make and publish his award in writing of and concerning the same, ready to be delivered to the parties, or, if they or either of them shall be dead before the making of the award, to their respective personal representatives who shall require the same, on or before or on or before any other day [not later than -] to which the said arbitrator shall by any writing signed by him, indorsed on these presents at any time, enlarge the time for making his award, then this obligation to be void, otherwise to remain in full force. [Add any terms the parties may agree on. submission, supra.] See the form of agreement of Signed, sealed and delivered in the presence of W. W., of [The other party should execute a similar bond.] C. D. (L.S.) 12. Appointment of third Person as additional Arbitrator, according to a Power contained in the Submission. We, the within-named E. F. and G. H., do, by this memorandum under our hands, made before entering or proceeding on the arbitration within mentioned, nominate and appoint Mr. X. Y., of, the third person or arbitrator, to whom, together with ourselves, all matters in difference between the said parties within mentioned shall be referred, according to the within agreement [or order, &c., as the case may be]. Witness our hands this day of 19-. E. F. G. H. 13. Appointment of an Umpire. We, the within-named A. A. and T. A., do hereby nominate and appoint U. U., of, to be umpire between us in and concerning the matters in difference within referred. Witness our hands this day of, 19—. Witness W. W., of A. A. T. A. 14. Notice requiring Appointment of Arbitrator (ƒ). In the matter of an [intended] arbitration between A. B. and C. D. Sir [or Gentlemen], I hereby [on behalf of Mr. A. B.] give you notice, within seven clear days, pursuant to section 5 of the Arbitration Act, 1889, to appoint [or to concur in the appointment of] an arbitrator [or umpire, or third arbitrator] under the submission to arbitration between us [or you and the said A. B., or between A. B. and C. D.] dated the day of 19-. Dated the day of 19-. Yours, &c., To C. D. [or to E. F. and G. H.]. A. B. [or X. Y., solicitor for A. B.]. 15. Appointment of Arbitrator, &c. In the matter of an [intended] arbitration between A. B. and C. D. I hereby [on behalf of the above-named C. D.] nominate and appoint E. E., of to be arbitrator under the submission to arbitration between us [or between the said A. B. and C. D.] dated the 19-. Dated To A. B., of day of (Signed) C. D. [or S. S., solicitor for C. D.]. 16. Originating Summons for Appointment of Arbitrator (g). In the High Court of Justice. King's Bench Division. In the matter of the Arbitration Act, 1889, and In the matter of an [intended or pending] arbitration between A. B. and C. D. Let C. D., of, attend the Master in Chambers, Central Office, Royal (f) By the Arbitration Act, 1889, s. 5, "In any of the following cases :— "(a) Where a submission provides that the reference shall be to a single arbitrator, and all parties do not after differences have arisen concur in the appointment of an arbitrator: "(b) If an appointed arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied, and the parties do not supply the vacancy: "(c) Where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator and do not appoint him : "(d) Where an appointed umpire or third arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied, and the parties or arbitrators do not supply the vacancy: "any party may serve the other parties or the arbitrators, as the case may be, with a written notice to appoint an arbitrator, umpire, or third arbitrator. "If the appointment is not made within seven clear days after the service of the notice, the Court or a Judge may, on application by the party who gave the notice, appoint an arbitrator, umpire, or third arbitrator, who shall have the like powers to act in the reference and make an award as if he had been appointed by consent of all parties." (g) See Arbitration Act, 1889, s. 5, supra. 19-, at Courts of Justice, Strand, London, on the day of o'clock in the --noon, on the hearing of an application on the part of A. B., of for an order that an arbitrator [or umpire, or third arbitrator] may be appointed under the subinission between A. B. and C. D., dated the day of 19-, pursuant to section 5 of the Arbitration Act, 1889; and that the costs of this application be costs in the arbitration. NOTE. It will not be necessary for you to enter an appearance in the Central Office, but if you do not attend personally or by your solicitor at the time and place above mentioned, such order will be made and proceedings taken as the Master may think just and expedient (h). 17. Affidavit in Support thereof. The application should generally be supported by an affidavit exhibiting the submission and showing the circumstances under which it is made. It should show that the notice required by section 5 has been given, and should exhibit or set out a copy of it. 18. Summons for Leave to revoke Submission or to revoke Arbitrator's Authority (i). [Title and formal parts as in form No. 16, supra.] For an order that A. B. be at liberty to revoke the submission to arbitration between the said A. B. and C. D. dated [and to revoke and make void the power and authority of the arbitrator (or umpire) to make his award (or umpirage) in the reference therein]. Dated [conclude as in form No. 16, supra.] [The summons must be supported by an affidavit of the facts to warrant a revocation.] 19. Application to set aside Appointment of scl. Arbitrator (k). [Title and formal parts as in form No. 16, supra.] For an order that the appointment of E. F., of, to act as sole arbitrator under the submission between A. B. and C. D. dated (h) See Ord. LIV., r. 4 F, ante, p. 736. in the reference (i) By the Arbitration Act, 1889, s. 1, "A submission, unless a contrary intention is expressed therein, shall be irrevocable except by leave of the Court or a Judge, and shall have the same effect in all respects as if it had been made an order of Court." (k) By the Arbitration Act, 1889, s. 6, "Where a submission provides that the between them, may, pursuant to section 6 of the Arbitration Act, 1889, be set aside [and that the said C. D. do pay the costs of and occasioned by this application]. Dated [&c., conclude as in form No. 16, supra]. 20. Affidavit in Support thereof. The application should be supported by an affidavit showing the circumstances under which it is made, and the applicant's right to the order asked for. 21. Appointment by Arbitrator for Attendance before him. In the matter of the reference before me between A. B. and C. D. in the forenoon (or afternoon), at the same place], for proceeding in this reference. If the appointment be for two meetings, state the days, times and places accordingly.] Dated To Messrs. A. B. and C. D., and their respective solici tors or agents, and all others whom it may concern. A. A. [the arbitrator's signature]. I appoint 22. Peremptory Appointment for the same Purpose. In the matter of the reference before me between A. B. and C. D. instant [or next], at o'clock in the -noon preperemptorily to proceed upon and conclude the reference now pending before me between the said A. B. and C. D.: And I give cisely, at reference shall be to two arbitrators, one to be appointed by each party, then, unless the submission expresses a contrary intention "(a) If either of the appointed arbitrators refuses to act, or is incapable of acting, or dies, the party who appointed him may appoint a new arbitrator in his place; "(b) If, on such a reference, one party fails to appoint an arbitrator, either originally or by way of substitution as aforesaid, for seven clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and his award shall be binding on both parties as if he had been appointed by consent: "Provided that a Court or a Judge may set aside any appointment made in pursuance of this section." notice that, in case of non-attendance of either party, I shall nevertheless proceed, and immediately make my award. Dated To Messrs. A. B. and C. D., and their respective solici tors or agents, and all others whom it may concern. E. F., arbitrator. 23. Appointment with Notice that the Arbitrator will proceed Ex parte. [Proceed as in the preceding form to the*, and then thus:] And I give you notice that, in case you, the said A. B., fail to attend without having previously shown to me good and sufficient cause for your absenting yourself, I shall at the request of the said C. D., if present, proceed with the reference ex parte. Dated [&c., conclude as in the preceding form]. 24. Subpæna ad testificandum before Arbitrator (1). In the High Court of Justice. King's Bench Division. In the matter of the Arbitration Act, 1889; and In the matter of a reference between A. B. and. C. D. Edward the Seventh [&c., as usual], to, greeting: We command you to attend before, the arbitrator [or arbitrators, or umpire] appointed in the above-mentioned reference, at day of 19—, at the hour of in the on -day, the -noon [and so from day to day until the said reference be heard], to give evidence on behalf of the above-named Witness [&c., concluding as in No. 2, ante, p. 328]. 25. Subpæna duces tecum before Arbitrator (1). Edward the Seventh [&c., as in preceding form down to the asterisk, *, then proceed thus:] to give evidence on behalf of — and also to bring with you and produce at the time and place aforesaid [specify documents to be produced]. Witness [&c., concluding as in preceding form]. (1) By the Arbitration Act, 1889, s. 8, "Any party to a submission may sue out a writ of subpoena ad testificandum, or a writ of subpoena duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action." When the witness is to be served in England, the writ may be obtained without any |