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9. Proof of Award by Subscribing H/itness, I05.
a. Complaint or Petition against the Party Renohirig, I08.
1. Plea of Arbitrament and Award, [09.
9. Answer o/Same, m.
Answer of Same, in Connecticut, 111.
6. Plea to Declaration in Debt on an Arbitration Bond Statingr Award
6. Same, Stating Award and A'z/erring Performance, 114.
7. Replication .S'tatin‘gr Award and Brcac/zes, H5.
8. Replication Denying the Award, 1 l6.
9. Rejoinder Denying the A ward, l 16.
For Forms relating to pron-citing; more or less akin to Arbitration and Award, consult tlle title: A PPRA [SE/HEN TI vol. I, p. III7 ; A UDI T 0R5 ,.IIASTER IN CHANCER Y; REFEREES; and SUBJIITTED CASE.
For Forms relatingr to Debt on an Arbitration Bond, consult. t/n' tit/c DEBT. v
For Form: relating to Bribery of Arbitrators, consult the title BRIBEI? l'.
For Form: relating to Disorderly Proceeding: bqforc Arbitrators, consult the title C ON T EJVPT.
For other Forms relating more or In: intimately to proceedings in Arbitration and Award, consult the titles EXECUTION; 0A THS AND AFEIRMA TIONS ,- SPECIFIC PERFORll/ANCE; and SUBPCENA.
I. THE SUBMISSION.
1. In General.
The form of the submission to arbitration,1 whether under the common law or under statutes, is largely in the option of the parties making the same. In the following forms, Nos. 2054 to 2123, will be found most. if not all. the provisions in common use in submissions. By properly combining these forms it will be possible to make a complete submission suitable for any set of facts.2
2. Its Parts.
(1) OF A Suasnssrox BY SIMPLE AGREEMENT.
(a) In General.
Memorandum of agreement made this first day of yuno, A.D. r896. between 7012!: Doc of the city of rVas/ma, in the county of Hillsborougb, and Riclzarcl Roe of zllilford, in said county.3
1. For matters of substantive law and 2126,forillustrationsof such comrelating to the subject of arbitration binations. and award, consult the title ARBI- 3. In Arizona, the parties to a sub‘I'RATION AND AWARD in the AMER- mission must "sign an agreement in 1mm AND Exams" ENCYCLOPEDIA writing, as plaintiff and defendant to or LAW (2d ed.), vol. 2. p. 533. arbitrate their differences or matters 2. See infra, Forms Nos. 2124, 2125, in dispute.” Rev. Stat. Ariz., § 8.
Form No. 2055.
Whereas certain matters of difference have arisen and are now existing between 701m Doe of Carrollton, in the county of Greene, and Richard Roe1 of J/arseilles, in the county of La Salle, con~ cerning the following matters (lzere give a concise statement oft/2e matter in dispute) :2 Now, therefore, we, the said Yo/zn Doe and Richard Roe, being desirous and agreeing to leave the settlement thereof to certain persons, do hereby submit said controversv (or all controversies, etc., as the case may '
(6) Pending Suit.
Form No. 2056.
(Precedent in Healy 1'. Isaacs, 73 Ind. 230.) Albert C. Isaacs, Plaintiff, ( I
Yo/m Healy, Defendant.
Whereas, in the above entitled suit, a controversy exists concerning
what amount, if any, said Isaac's is entitled to from said Heat)’, on
a full and correct settlement of the business, books and accounts of
the late firm of Healy, Isaac: (5 Co. : Now, therefore, said partners hereby mutually agree to submit all said matters of controversy.
n the Vanderburg/z Circuit Court, September Term, 1876.
(2) OF A SUBMISSION BY BOND.
Form No. 2057.
Know all men by these presents that 1, Richard Roe, of Carrollton, in the county of Greene, am held and firmly bound to 9w”, Doe, of fllarseillcs, in the county of La Salle, in the sum of five thousand dollars, lawful money of the United States, to be paid to the said 701m Doe, or his executors, administrators, or assigns; for which payment well and truly to be made I bind myself, my heirs, executors, and administrators firmly by these presents.
Sealed with my seal; dated thefirst day of Yune, in the year of our Lord one thousand eight hundred and ninety-six.
(3) OF A Suarnssrox av DEED.
Form No. 2058.
This indenture made between 70/”; Doe, of Carrollton, in the county of Greene, of the first part, and Richard Roe,1 of Alarsez'lles, in the county of La Salle, of the second part.
of land in said county” was too indefi
1. See supra, note 3, p. 37. nite. The only exception to this rule
2. The matter to be settled by arbi
tration should be set forth in a concise but perfectly definite form; thus in Woodward 1'. Atwater, 3 Iowa 61, it was held that the clause “ a matter of controversy relating to a certain piece
is when the submission is of “ all mat< ters in controversy” between the parties, which would, of course, embrace each particu'lar.
b. The Recital or Differences.
(1) OF DIFFERENCES IN GENERAL.
\Vhereas disputes and differences have arisen and are still subsisting between the above named parties, it is hereby agreed by and between them to refer all disputes and matters in difference whatever between them.
(2) OF SPECIAL DIFFERENCES.
Form No. 2060.
W'hereas certain differences and disputes have arisen and are still pending between the said parties as to whether the said 7o/m Doe is indebted to the said Richard Roe in any and what sum of money, and as to the price the said Rickard Roe ought to pay for the stock in trade taken by him off the hands of the said 701m Doc (or a similar concise statement oft/1e matter in dis]$ute),1 it is agreed by and between them that the same shall be referred.
(3) OF ACTION PENDING.
Form No. 2061.
\Vhereas an action is now depending in the fllorgan Circuit Court wherein the said 7on1: Doc is plaintiff and the said Ric/lard Roe is defendant, it is agreed 2 that the same 3 shall be referred.
(41) OF PENDING AcTIoN To BE DISMISSED.
\Vhereas the said yo/m Doe, on or about the first day of JIarc/z, A.D. 18-95, commenced an action in the al/organ Circuit Court against the said Richard Roe, praying (/zere state the substance of flu: action). and whereas the said parties have agreed that the said action shall be dismissed without costs, and that the several matters, questions. and differences hereunder specified (/zere enumerate the points to be decided)1 shall be referred.
(5) BETWEEN PARTNERS.
Form No. 2063.
\Vhereas 7011” Doe and Ric/lard Roe have carried on the business of clot/tiers in partnership, and the accounts between them have become involved, and differences have arisen between them relating thereto, it is hereby agreed that the copartnership accounts and all matters in difference between the parties shall be referred.
1. Seesupra, note 2,p.38. ascertain, settle, and adjust all acI. If it is not intended to refer the counts, claims, and demands in dispute action, but only the subject of the ae- in said action." tion, these words may be inserted: 3. If the reference is to be general, "that all proceedings in the action insert “and all matters‘ in difference shall he stayed, but that in order to between the parties.”
(6) ‘BY AN EXECUTOR.
Whereas the said ffohn Doe is executor of the last will and testament of Henry Smith, late of Lima, in the county of Allen, deceased; and whereas certain differences have arisen between the said john [)oe as such executor and the said Richard Roe in regard to claims by the said 70hr: Doe as such executor against the said Richard Roe, and by the said Richard Roe against the said Yohn Doe in respect of the said testator’s estate, it is hereby agreed by and between the said parties to refer all matters in difi'erence respecting the said testator’s estate.
Whereas, there are matters of controversy between Early IV. Thrasher, guardian,of the county of rl/lorgan, and Barton H. Overb’y, and Nicholas Overby, both wards of the said Early W. Thrasher, and both of the county of Clarke, embracing all matters between them as guardian and wards. It is therefore agreed between the parties that all matters and things growing out of and connected with said guardianship be submitted.
0. The Appointment of Arbitrators.
(1) ONE ARBITRATOR.
To the award, order, and final determination of yeremz'ah illason, 5.99., of River/lead, in the county of Suffolk, Attorney at Law.
(2) Two ARBITRATORS \rVno ARE TO APPOINT A THIRD.
Form No. 2067. .
To the award, order, arbitrament, final end, and determination of Samuel Short, of River/lead, in the county of Suj'olk, and W?!liam West, of Northport, in said county, and of such third arbitrator* as the said Samuel Short and Vll'l'lll'am West shall by writing under their hands, to be indorsed on these presents, before they proceed in this arbitration, nominate and appoint to act with them,1 or any two of them.2
1. In Alabama, if any of the arbitra- appoint others in their stead, of which tors fail to attend at the time and they must make a memorandum on place designated for arbitration the their submission. Ala. Code, § 3225. parties may substitute others in their 2. In common-law arbitrations, unplaces; or if the parties cannot agree, less the agreement to submit a cause the arbitrators present may themselves to arbitration provides for an award