The Pamphlet Collection of Sir Robert Stout: Volume 60
Auckland Chamber of Commerce. — Arbitration Bond
Auckland Chamber of Commerce.
Articles of Agreement made and entered into this
day of_______in the year of our Lord one thousand eight hundred and_______Between_______of the one part, and_______of the other part. Whereas_______and whereas several questions, disputes, and controversies relative thereto have arisen and are subsisting between the said
Now these Presents Witness that it is hereby covenanted and agreed by and between the said parties hereto that all questions, disputes, and controversies touching or concerning the premises, and all other questions, disputes, and controversies whatsoever relative thereto between the said parties hereto shall be and are hereby referred to the award, order, arbitration, and determination of_______and such third person as the said_______shall before they proceed in such reference by writing under their hand appoint. and that the award of the said arbitrators, or any two of them, if made in writing under their hands and seals, or under the hands and seals of any two of them, ready to be delivered to the parties hereto, or their respective heirs, executors, or administrators, on or before the_________day of_________next, or on or before such other day not beyond the_________day of_________as the said arbitrators, or any two of them, shall, by writing under their hands, from time to time appoint, shall be binding and conclusive on the said parties hereto, their heirs, executors, and administrators. And that this reference shall or may be made a rule in the Supreme Court of New Zealand at the instance of any of the said parties hereto, or their or his executors or administrators. And further, that the said parties hereto, and each of them, their and each of their heirs, executors, or administrators, shall and will produce and show forth to the said arbitrators all such deeds, papers, accounts, evidences and writings relative to the premises in question as shall be in the possession, custody, or power of them or him respectively, or of any person or persons under their or his influence or control, so that the said arbitrators may examine or inspect or peruse the same, for the purpose of enabling them or any two of them to make the said award. And also shall and will, so far as in them or him respecrively lies, furnish the said arbitrators with such other proofs and documents and do all such other acts and things for better enabling the said arbitrators, or any two of them, to make their award as the said arbitrators shall require. And that the said arbitrators shall, for the purpose of enabling them or any two of them to make their award, be at liberty to go into oral as well as written evidence, and to examine the said parties in difference, or any of them, and such other witnesses as the said arbitrators shall page 38 think proper, on Oath or Affirmation (when an Affirmation shall be lawful instead of an Oath). And that the said arbitrators shall give to each of the said parties hereto at least_________days' previous notice of the day on which they intend to hold their first sitting. And that all costs, charges, and expenses attending the said reference and the award to be thereupon made shall
And it is hereby agreed and declared between and by the said parties hereto that in case either of the said parties shall make any application to the said Supreme Court of New Zealand to set aside the said award, it shall and may be lawful for the said Court to remit the matters in dispute to the reconsideration of the said arbitrators, and, if necessary, to enlarge the time for making the award. And that the award thereupon made shall be final and conclusive. And lastly, that neither of the said parties, or their heirs, executors, administrators, shall bring an action of suit against the other, or either of them, or against the said arbitrators, in relation to these premises. In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and the year first above written.