Reference by deed to two arbitrators or their Presiding Arbitrator of disputes between adjoining owners as to boundaries, etc.
THIS DEED is made the ______ day of ______
BETWEEN
_____________________________________ [insert the name, address etc. of first party] of the one part
and
____________________________________ [insert the name, address etc. of second party] of the other part.
WHEREAS:
- The parties here to are the owners of adjoining lands situate in the _______ and differences and disputes have arisen between them touching their respective rights titles and interests in certain boundaries hedges and fences and alleged rights of way and also touching their respective claims to a plot of land as described in the Schedule hereto. ?
- In order to put an end to the said differences and disputes the said parties have agreed to refer the same to arbitration.
NOW THIS DEED WITNESSETH that it is agreed between the parties hereto as follows:
- All questions in difference between the parties touching the matters hereinbefore in recital mentioned are hereby referred to the award and final determination of _________________________________ [insert the name, address etc. of first arbitrator] and _________________________________________________ [insert the name, address etc. second arbitrator] or in case of their disagreement to third arbitrator to be appointed by writing under their hands immediately after they are themselves appointed and before they enter upon the consideration of the matter referred so that the award of the said arbitrator or Presiding Arbitrator concerning the same be made and published in writing ready to be delivered to the said parties or either of them on or before the _____ day of ______ next or any later day to which the said arbitrators or their Presiding Arbitrator may by writing under their or his hand indorsed on this deed from time to time enlarge the time for making their or his said award.
- The parties hereto will in all respects abide by observe perform and obey the said award so to be made and published as aforesaid. ?
- The parties respectively will do all acts necessary to enable the ?arbitrators or Presiding Arbitrator to make their or his award herein and neither of them will wilfully or wrongfully do or cause to be done any act to delay or prevent the arbitrators or their umpire from making their or his award. And if either of the parties shall wilfully or wrongfully do or cause to be done any such act as aforesaid he shall pay to the other party such costs as the arbitrators or their Presiding Arbitrator may in writing declare to be reasonable.
- The arbitrators or the Presiding Arbitraror shall have general authority to require from either of the said parties such written statements and explanations and other information evidence and materials as they or he may deem expedient for determining the matter in difference. ?
- In case either party refuse or fail after reasonable notice to attend either personally or by counsel or advocate before the arbitrators or the Presiding Arbitraror at any meeting which they or he may appoint it shall be lawful for him to proceed ex parte as effectually as if such party were present.
- The arbitrators or the presiding arbitrator may in their or his said award direct either party to do or to submit to any acts or to sign or execute any written instrument and in the latter event may direct by whom and at whose expenses the same is to be prepared and may name any counsel by whom the same shall be settled in case the parties cannot agree thereon. ?
- Neither of the parties shall bring or prosecute any action against the arbitrators or either of them or their Presiding Arbitrator for or in respect of the said award to be made in pursuance of this submission. ?
AS WITNESS etc.
SCHEDULE ABOVE REFERRED TO:
[Signatures of the parties]
