First Schedule (Section 4)
Provisions to be implied in submissions
1.Where no other mode of reference is provided, the reference shall be to a single arbitrator.2.Where the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award.3.The arbitrators shall make their award in writing within three months after entering on the reference, or after having been called on to act by notice in writing from any party to the submission, or on or before any later day to which the arbitrators, in writing signed by them may, from time to time, extend the time for making the award.4.Where the arbitrators have allowed their time or extended time to expire without making an award or have delivered to any party to the submission or to the umpire a notice in writing stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators.5.The umpire shall make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or on or before any later day to which the umpire, in writing signed by him may, from time to time, extend the time for making his award.6.Subject to any legal objection, the parties to the reference and all persons claiming through them respectively shall, submit to be examined by the arbitrators or umpire on oath or affirmation in relation to the matters in dispute, and shall produce before the arbitrators or umpire all books, deeds, papers, accounts, writings and documents within their possession or power which may be required or called for and do all other things which, during the proceedings on the reference, the arbitrators or umpire may require.7.The witnesses on the reference shall, if the arbitrators or umpire think fit, be examined on oath.8.The award to be made by the arbitrators or umpire shall be final and binding on the parties and the persons claiming under them respectively.9.The cost of the reference and award shall be in the discretion of the arbitrators or umpire who may direct to and by whom and in what manner those costs or any part thereof shall be paid and may tax or settle the amount of costs to be so paid or any part thereof and may award costs to the paid as between advocate and client.Second Schedule (Section 20)
Forms
Form 1 - Submission to arbitration
The Arbitration Act
In the matter of the Arbitration Act.Whereas differences have arisen and are still subsisting between A. B. of ______________________ ,. and C. D.____________________ of Concerning ________________________________________Now we, the said A. B. and C. D., do hereby agree to refer the said matters in difference to the arbitration of X. Y.(Signed)A. B.C.D.Dated ________________ 20 ____Form 2 - Appointment of arbitration under agreement to refer differences to arbitration
The Arbitration Act
In the matter of the Arbitration ActWhereas by an agreement in writing dated the ___________________________________, and made between A. B. of _________________, and C. D of _________________ it is provided that differences between the parties shall be referred to an arbitrator as therein mentioned.And whereas differences within the meaning of the said agreement have arisen and are still subsisting between the parties concerning _______________________________________________________________________________Now we, the parties, A, B. and C. D., do hereby refer the matters in difference to the arbitration award of X. Y.(Signed)A. B.C. D.Dated ________________ 20 ____Form 3 - Extension of time by arbitrator by endorsement on submission
The Arbitration Act
In the matter of the Arbitration Act, and an arbitration between A. B., of _____________________ , and C. D., of _________ I hereby extend the time of making my award in respect of the matters in difference referred to me until the __________ day of ____________ 20 ______(Signed)X. Y.ArbitratorDated ________________ 20 _____Form 4 - Case stated for opinion of court
The Arbitration Act
In the matter of the Arbitration Act and an arbitration between A. B., of _____________________. , and C. D., of _ ___________________________.The following special case is, pursuant to the provisions of paragraph (b) of section 10 of the Act, stated for the opinion of the High Court (Here state the facts concisely in numbered paragraphs).The questions of law for the opinion of the court are:-First, whether ___________________________________________Secondly, whether __________________________________________Dated _________________________________________________(Signed)X. Y.ArbitratorForm 5 - Award
The Arbitration Act
In the matter of the Arbitration Act and an arbitration between A. B. of. _____________________ and C. D. of ______________________________Whereas, in pursuance of an agreement in writing dated the __________ day of _____________ 20 ____________, made between A. B. of _________________ and C. D. of ______________________ , A. B. and C. D. have referred to me, X. Y., the matters in difference between them concerning ______________________________________Now I, X. Y., having duly considered the matters submitted to me, do hereby make an award as follows-I award-(1)That ________________________________________________________________(2)That ________________________________________________________________(Signed)X. Y.ArbitratorDated _____________ 20 __________________Third Schedule (Section 27)
Protocol on arbitration clauses
1.Each of the contracting states recognises the validity of an agreement whether relating to existing or future differences between parties, subject respectively to the jurisdiction of different contracting states by which the parties to a contract agree to submit to arbitration all or any differences that may arise in connection with such contract relating to commercial matters or any other matter capable of settlement by arbitration, whether or not the arbitration is to take place in a country to whose jurisdiction none of the parties is subject.Each Contracting State reserves the right to limit the obligation mentioned above to contracts which are considered as commercial under its national law. Any Contracting State which avails itself of this right will notify the Secretary-General of the League of Nations, in order that the other Contracting States may be so informed.2.The arbitral procedure, including the constitution of the arbitral tribunal, shall be governed by the will of the parties and by the law of the country in whose territory the arbitration takes place.The Contracting States agree to facilitate all steps in the procedure which require to be taken in their own territories, in accordance with the provisions of their law governing arbitral procedure applicable to existing differences.3.Each contracting state undertakes to ensure the execution by its authorities and in accordance with the provisions of its national laws of arbitral awards made in its own territory under the preceding articles.4.The tribunals of the contracting parties on being seized of a dispute regarding a contract made between persons to whom article 1 applies and including an arbitration agreement whether referring to present or future differences which is valid in virtue of the said article and capable of being carried into effect, shall refer the parties on the application of either of them to the decision of the arbitrators.Such reference shall not prejudice the competence of the judicial tribunals in case the agreement or the arbitration cannot proceed or become inoperative.5.The present protocol, which shall remain open for signature by all states, shall be ratified. the ratifications shall be deposited as soon as possible with the secretary-general of the league of nations, who shall notify such deposit to all signatory states.6.The present protocol shall come into force as soon as two ratifications have been deposited. thereafter it will take effect, in the case of each contracting state, one month after the notification by the secretary-general of the deposit of its ratification.7.The present protocol may be denounced by any contracting state giving one year's notice. denunciation shall be effected by a notification addressed to the secretary-general of the league, who will immediately transmit copies of such notification to all the other signatory states and inform them of the date on which it was received. the denunciation shall take effect one year after the date on which it was notified to the secretary-general, and shall operate only in respect of the notifying state.8.The contracting states may declare that their acceptance of the present protocol does not include any or all of the under mentioned territories: that is to say, their colonies, overseas possessions or territories, protectorates or the territories over which they exercise a mandate.The said States may subsequently adhere separately on behalf of any territory thus excluded. The Secretary-General of the League of Nations shall be informed as soon as possible of such adhesions. He shall notify such adhesions to all signatory States. They will take effect one month after the notification by the Secretary-General to all signatory States.The Contracting States may also denounce the Protocol separately on behalf of any of the territories referred to above. Article 7 applies to such denunciation.Fourth Schedule (Section 28)
Convention on the Execution of Foreign Arbitral Awards
Article 1
In the territories of any High Contracting Party to which the present Convention applies, an arbitral award made in pursuance of an agreement, whether relating to existing or future differences (hereinafter called "a submission to arbitration") covered by the Protocol on Arbitration Clauses, opened at Geneva on 24th September, 1923, shall be recognised as binding and shall be enforced in accordance with the rules of the procedure of the territory where the award is relied upon, provided that the said award has been made in a territory of one of the High Contracting Parties to which the present Convention applies and between persons who are subject to the jurisdiction of one of the High Contracting Parties.To obtain such recognition or enforcement, it shall, further, be necessary—(a)that the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto;(b)that the subject—matter of the award is capable of settlement by arbitration under the law of the country in which the award is sought to be relied upon;(c)that the award has been made by the Arbitral Tribunal provided for in the submission to arbitration or constituted in the manner agreed upon by the parties and in conformity with the law governing the arbitration procedure;(d)that the award has become final in the country in which it has been made in the sense that it will not be considered as such if it is open to opposition, appe/ or pourvoi en cassation (in the countries where such forms of procedure exist) or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending;(e)that the recognition or enforcement of the award is not contrary to the public policy or to the principles of the law of the country in which it is sought to be relied upon.Article 2
Even if the conditions laid down in Article I hereof are fulfilled, recognition and enforcement of the award shall be refused if the Court is satisfied—(a)that the award has been annulled in the country in which it was made;(b)that the party against whom it is sought to use the award was not given notice of the arbitration proceedings in sufficient time to enable him to present his case; or that, being under a legal incapacity, he was not properly represented;(c)that the award does no deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration.Where the award has not covered all the questions submitted to the arbitral tribunal, the competent authority of the country where recognition or enforcement of the award is sought can, if it thinks fit, postpone such recognition or enforcement or grant it subject to such guarantee as that authority may decide.Article 3
Where the party against whom the award has been made proves that, under the law governing the arbitration procedure, there is a ground, other than the grounds referred to in Article I(a) and (c), and Article 2(b) and (c), entitling him to contest the validity of the award in a court of law, the court may if it thinks fit, either refuse recognition or enforcement of the award or adjourn the consideration thereof, giving such party a reasonable time within which to have the award annulled by the competent tribunal.Article 4
The party relying upon an award or claiming its enforcement must supply, in particular—(a)the original award or a copy thereof duly authenticated, according to the requirements of the law of the country in which it was made;(b)documentary or other evidence to prove that the award has become final, in the sense defined in Article 1 (d), in the country in which it was made;(c)when necessary, documentary or other evidence to prove that the conditions laid down in Article I, paragraph I and paragraph 2(a) and (c), have been fulfilled.A translation of the award and of the other documents mentioned in this Article in the official language of the country where the award is sought to be relied upon may be demanded. Such translation must be certified correct by a diplomatic or consular agent of the country to which the party who seeks to rely upon the award belongs or by a sworn translator of the country where the award is sought to be relied upon.Article 5
The provisions of the above Articles shall not deprive any interested party of the right of availing himself of an arbitral award in the manner and to the extent allowed by the law, or the law or the treaties of the country where such award is sought to be relied upon.Article 6
The present Convention applies only to arbitral awards made after the coming into force of the Protocol on Arbitration Clauses, opened at Geneva on 24th September, 1923.Article 7
The present Convention, which will remain open to the signature of all the signatories of the Protocol of 1923 on Arbitration Clauses, shall be ratified.It may be ratified only on behalf of those Members of the League of Nations and non-Member States on whose behalf the Protocol of 1923 shall have been ratified.Ratifications shall be deposited as soon as possible with the Secretary-general of the League of Nations, who will notify such deposit to all the signatories.Article 8
The present Convention shall come into force three months after it shall have been ratified on behalf of two High Contracting Parties. Thereafter it shall take effect, in the case of each High Contracting Party three months after the deposit of the ratification on its behalf with the Secretary-General of the League of Nations.Article 9
The present Convention may be denounced on behalf of any Member of the league or non-Member State. Denunciation shall be notified in writing to the Secretary-General of the League of Nations, who will immediately send a copy thereof, certified to be in conformity with the notification, to all the other Contracting Parties, at the same time informing them of the date on which he received it.The denunciation shall come into force only in respect of the High Contracting Party which shall have notified it and one year after such notification shall have reached the Secretary-General of the League of Nations.The denunciation of the Protocol on Arbitration Clauses shall entail, ipso facto, the denunciation of the present Convention.Article 10
The present Convention does not apply to the colonies, protectorates or territories under suzerainty or mandate of any High Contracting Party unless they are specially mentioned.The application of this Convention to one or more of such colonies, protectorates or territories to which the Protocol on Arbitration Clauses, opened at Geneva on 24th September, 1923, applies, can be effected at any time by means of a declaration addressed to the Secretary-General of the League of Nations by one of the High Contracting Parties.Such declaration shall take effect three months after the deposit thereof.The High Contracting Parties can at any time denounce the Convention for all or any of the colonies, protectorates or territories referred to above. Article 9 hereof applies to such denunciation.Article 11
A certified copy of the present Convention shall be transmitted by the Secretary-General of the League of Nations to every Member of the League of Nations and to every non-Member State which signs the same.