THE BUSINESS ENCYCLOPIEDIA 87 Exceeds £50 and does not exceed £100 . . . . £0 5 0 £100 ft PP £200 . . . 0 10 0 £200 PP .; £500 . . . . 0 15 '0 £500 PP ft £750 . . . . 1 0 0 £1000 . 45 0 . . £1000 . . . . . . . I 15 0 I n any other case . . . . . . . . 1 15 0 Fees pf Arbitrators.The usual fees payable to an arbitrator are two guineas for the first hour, and one guinea for each subsequent hour of the arbitration. For preparing the award the fee would be from £2 to five guineas in ordinary cases. Arbitrators who aro experts in technical matter generally require a special foe, according to their professional eminence.
following forms will probably be found of use : I. Clause in an instrument referring future disputes to arbitration.
And it is hereby agreed that if any differences shall arise between the parties hereto touching these presents or anything herein contained, or the construction hereof or any matter or thing in any way connected with these presents or the operation thereof, then, and in every such case, the matter in difference shall be referred to two arbitrators, or their umpire, pursuant to the Arbitration Act. 1889, whose decision shall be final.
II. Appointment of an Arbitrator under above clause.
To E. F., of &c.
I, tho undersigned, A. 13., do hereby nominate and appoint you, E. F., to be the arbitrator on my behalf of and concerning certain differences which have arisen and aro now pending between C. D. and myself, under and incidental to an indenture dated the day of 1902, made between myself of the one part and C. D. of the other part, and in which indenture it is provided that such differences shall be referred to two arbitrators or their umpire as therein mentioned.
Dated this day of 19, (Signed) A. B.
III. Notice of the appointment to the other Party.
Sin,I hereby give you notice that I have this day appointed E. F., of &c., tc be arbitrator on my behalf in pursuance of an indenture dated the clay ol 1902, made between myself of the one part and yourself of the other part, and as such arbitrator to settle the disputes now pending between us. And I require you within seven days from service upon you hereof to nominate ar arbitrator to act on your behalf in the said disputes, failing which the same will be referred to E. F. alone.
Dated the day of 19, (Signed) A. B.
IV. Short agreement for submission of differences to a single arbitrator (short form).
Agreement made the day of 19 between A. B. of &c. of at one part, and C. D. of &c. of the other part, whereby it is agreed as follows; that is to say : 1. It is hereby referred to E. F. of &c. to decide and award concerning [here forth specifically the matter in dispute and continue] and all other matters in dispute arising out of or incidental to the subject of this reference. 2. E. F. to have all powers given to arbitrators by the Arbitration Act, 1889, and to make his award on or before the day of next. If E. F. shall desire an extension of time for the award, such extanded time shall not exceed calendar months.
3. E. F. to have power to proceed ex parte in the event of either party failing after reasonable notice to attend before him. 4. This submission shall not be revoked by the death of either party before the making of the award.' As witness our hands, the day and year first before written.
Witness: (Signed) A. B.
G. H. of &c. (Signed) C. D.
V. Award.
To all to whom these presents shall come I, E. F. of &c., send greeting. Whereas by an agreement in writing, dated the day of 190 , and made between A. B. of the one part, and C. D. of the other part, the said parties agreed to refer [here state in detail the matters in dispute, or as follows:] all matters in difference between them to me, so that I should decide and make my award thereon. Now know ye that I, the said E. F., having heard, examined and considered the witnesses and evidence of both the said parties concerning the said matters referred to me, do make and publish this my award ; that is to say, I hereby award that the said C. D. has a just and valid claim against A. B. for , and the said A. B. has a just and valid claim against C. D. for [a less sum], so that there remains justly due from the said A. B. to the said C. D. the sum of . And I award that the said sum of £ shall be forthwith paid by A. B. to, and accepted in full satisfaction and dis charge by C. D., and generally as a final ens to the said differences in the said matters, and all demands upon, or in respect of the same by either of the said parties against the other. And I further award that the said A. B. shall bear and pay his own costs of and incidental to the arbitration, and shall pay to the said 0. D. his costs of and incidental to the said arbitration, which I determine at £ , and shall pay the costs of this my award which I make £ In witness whereof I have hereunto set my hand this day of 19. Signed in the presence of G. H. of &c.
E. F.
In Scots law the general rules of arbitration are somewhat similar to those of England, but as the Arbitration Act, 1889, does not apply to Scotland, there are a few differences. The procedure is first by a deed of submission, then a contract of reference, and finally the or award. The latter contains a clause of registration, and when registered will be enforced by the Court. By the Arbitration (Scotland) Act, 1894, a reference to an arbiter not named does not make the reference invalid. The Act also gives powers to the Court as to appointment of an arbiter, when a party or both parties have failed to nominate one. It also authorises the arbiters to devolve on the oversman, or umpire, unless there is a stipulation to the contrary. If no time has been limited within which the arbiters are to decide, or there is no power to prorogate, the decision must be made within a year and a day. In order to cite witnesses, or to obtain production of documents, before an arbiter, application must be made to the Court of Session for a warrant.