Agreement to refer existing differences to two arbitrators or the Presiding Arbitrator who is to determine only matters upon which arbitrators differ
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.
[Recite disputes and agreements to refer.]
NOW IT IS HEREBY AGREED between the parties hereto as follows:
- All matters in difference between the parties hereto in respect of the premises are hereby referred to ______________________ [insert the name, address etc. of first arbitrator] and ____________________________ [insert the name, address etc. of second arbitrator] or if and so far as they shall be unable to agree (and as to such matters only) to the third arbitrator, being the Presiding Arbitrator to be appointed by writing under their hands immediately after they are themselves appointed so that the award of the arbitrators or of the arbitrators and the Presiding Arbitrator or of the Presiding Arbitrator alone as the case may be be made and published in writing ready to be delivered to the parties hereto or either of them who shall require the same on or before the _____ day of ____ next or any later day to which the arbitrators alone or they and the Presiding Arbitraror or the Presiding Arbitraror alone shall by any writing from time to time enlarge the time for making the said award.
- The award unless made by the arbitrators alone may be made in such form as the arbitrators and the Presiding Arbitrator or the latter alone shall think fit either by a joint award in which the arbitrators shall award as to the matters (if any) on which they are agreed and the Presiding Arbitrator as to the rest of the matters in difference or by the Presiding Arbitrator adopting the determination of the arbitrators as to the matters (if any) upon which they are agreed and awarding upon the whole of the matters in difference or by the arbitrators and the Presiding Arbitrator making separate awards the Presiding Arbitrator making his award subsequently to that made by the arbitrators.
- The Presiding Arbitrator may eithers it with the arbitrators to hear the evidence or may act upon all or any part of the evidence taken by them and reported to him and may act upon any conclusion as to facts arrived at by them or he may require such further evidence as he may think fit. The Presiding Arbitrator for the purpose of deciding any matter may consult the arbitrators and act upon any opinion given by them.
- 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 the 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 the Presiding Arbitrator ?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 the Presiding Arbitrator may in writing declare to be reasonable.
- The arbitrators or the Presiding Arbitrator 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.
- Incaseeitherpartyrefuseorfailafterreasonablenoticetoattendeither personally or by counsel or advocate before the arbitrators or the Presiding Arbitrator 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.
AS WITNESS etc.
Neither of the parties shall bring or prosecute any action against the arbitrators or either of them or the Presiding Arbitrator for or in respect of the said award to be made in pursuance of this submission.
Signatures of the parties]
