other to the Lessee. In case any vacancy shall at any time occur by reason of the death, resignation or inability to serve of any arbitrator, his successor shall be nominated in the same manner and within the same times (during which times the other periods of time prescribed for or in the course of the arbitration shall be suspended) as above provided for in case of the original nomination of such arbitrator and in case the successor arbitrator shall not be nominated within such times the remaining arbitrator or arbitrators shall be the sole arbitrator or arbitrators. Any determination by a majority of the arbitrators shall be final and conclusive. Every such arbitrator shall be deemed to be employed both by the City and the Lessee. The fees and expenses of the arbitrators (including necessary expenses for stenographic and clerical services) and the expenses of the parties shall be assessed as the arbitrators consider equitable and as they direct in their award, but such assessments so made shall not be charged to cost of construction, cost of equipment or to operating expenses. Every such arbitrator shall, before proceeding to consider the matter, be sworn as nearly as may be in the same manner as referees in actions at law are required to be sworn. "Provided, however, that if in any case, or for any reason an arbitration cannot validly be had as aforesaid, then the City or the Lessee, if in no way responsible for the failure of the arbitration, may bring such action, suit or proceeding as either of them may be advised for the purpose of determining any of the matters for which an arbitration is herein provided." Arbitration Provisions of United States Shipping Board Charter, Bare Boat Form "Any dispute of law or fact arising under this "Bare Boat Form," except as to the rate of hire and the compensation for actual or constructive total loss of the vessel and except as to matters expressly left to be decided by the United States Shipping Board, shall be referred to the arbitration of three persons, one appointed by the owner, one by the United States, and the third by the two so chosen. They may proceed in any manner determined by themselves, and their decision, or that of any two of them, shall be final, and for the purpose of enforcing any award hereunder the agreement may be made a rule of court. Such arbitration shall be a condition precedent to the commencement of any action." Forms of Submission Suggested by the Chamber of THE COMMITTEE ON ARBITRATION OF THE CHAMBER A controversy, dispute or matter of difference between the undersigned having arisen and relating to a subject-matter the nature of which, briefly stated, is as follows: . . . We do hereby voluntarily submit the same and all matters concerning the same to and who shall select a third arbitrator from the "LIST OF OFFICIAL ARBITRATORS," compiled and established by the Committee on Arbitration of the Chamber of Commerce of the State of New York, for hearing and decision pursuant to the By-laws of the Chamber of Commerce of the State of New York, and the Rules and Regulations adopted by the Committee on Arbitration of the Chamber of Commerce, and pursuant to Chapter 17, Title VIII, of the Code of Civil Procedure of the State of New York,1 and we agree to stand to, abide by and perform the decision, award, order, orders and judgment that may therein and thereupon be made under, pursuant and by virtue of, this submission. And we do further agree that a judgment of the Supreme Court of the State of New York may be entered in any County in the State of New York thereon. We do also in all respects waive any right to withdraw from or revoke this submission after the arbitrator or arbitrators accept their appointment hereunder, hereby expressly and 1 Now Article 84, Civil Practice Act. specifically waiving the provisions of Section 2383 of the Code of Civil Procedure. THE COMMITTEE ON ARBITRATION OF THE CHAMBER OF COMMERCE OF THE STATE OF NEW YORK. A controversy, dispute or matter of difference between the undersigned having arisen and relating to a subject-matter the nature of which, briefly stated, is as follows: . . We do hereby voluntarily submit the same and all matters concerning the same to as Arbitrator, selected by us from the "LIST OF OFFICIAL ARBITRATORS," compiled and established by the Committee on Arbitration of the Chamber of Commerce of the State of New York, for hearing and decision pursuant to the By-laws of the Chamber of Commerce of the State of New York, and the Rules and Regulations adopted by the Committee on Arbitration of the Chamber of Commerce, and pursuant to Chapter 17, Title VIII of the Code of Civil Procedure of the State of New York,1 and we agree to stand to, abide by and perform the decision, award, order, orders and judgment that may therein and thereupon be made under, pursuant and by virtue of, this submission. And we do further agree that a judgment of the Supreme Court of the State of New York, may be entered in any County in the State of New York thereon. We do also in all respects waive any right to withdraw from or revoke this submission after the arbitrator or arbitrators accept their appointment hereunder, hereby expressly and specifically waiving the provisions of Section 2383 of the Code of Civil Procedure.2 Now Article 84, Civil Practice Act. *Now repealed because replaced by the Arbitration Law, Laws of 1920, Chap. 275. THE COMMITTEE ON ARBITRATION OF THE CHAMBER A controversy, dispute or matter of difference between the undersigned having arisen and relating to a subject-matter the nature of which, briefly stated, is as follows: .... We do hereby voluntarily submit the same and all matters concerning the same to as Committee on Arbitration of the Chamber of Commerce, or a quorum thereof, as Arbitrators selected by us for hearing and decision pursuant to the By-laws of the Chamber of Commerce of the State of New York, and the Rules and Regulations adopted by the Committee on Arbitration of the Chamber of Commerce, and pursuant to Chapter 17, Title VIII, of the Code of Civil Procedure of the State of New York, and we agree to stand to, abide by and perform the decision, award, order, orders and judgment that may therein and thereupon be made under, pursuant and by virtue of, this submission. And we do further agree that a judgment of the Supreme Court of the State of New York may be entered in any County in the State of New York thereon. We do also in all respects waive any right to withdraw from or revoke this submission after the arbitrator or arbitrators accept their appointment hereunder, hereby expressly and specifically waiving the provisions of Section 2383 of the Code of Civil Procedure. Dated, New York. BUILDING CONTRACTS Williston-Sections 63, 130, 372, 418, 422 n., 433, 493, 615, 642, 680, 688, 689, 699, 704, 724, 741, 785, 789, 794, 797, 798, 805, 811, 842, 848, 849, 875, 893, 1240-1243, 1341, 1347, 1363, 1423, 1460, 1475, 1480-1485, 1767, 1806, 1940, 1948, 1959, 1964, 1965, 1966, 1975, 1977. THE STANDARD DOCUMENTS OF THE AMERICAN INSTITUTE OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS ISSUES THE FOLLOWING STANDARD DOCUMENTS: A. FORM OF AGREEMENT AND GENERAL CONDITIONS OF THE CONTRACT, B. BOND OF SURETYSHIP, C. STANDARD FORM OF AGREEMENT BETWEEN CONTRACTOR AND SUBCONTRACTOR, D. LETTER OF ACCEPTANCE OF SUBCONTRACTOR'S PROPOSAL. THE DOCUMENTS ARE PUBLISHED AND FOR SALE BY THE INSTITUTE AT ITS HEADQUARTERS, THE OCTAGON HOUSE, WASHINGTON, D. C., AND BY DEALERS IN ALL OF THE LARGE CITIES. The Standard Documents have received the approval THIRD EDITION, COPYRIGHT 1915-1918 BY THE AMERICAN INSTITUTE OF ARCHITECTS THE OCTAGON HOUSE, WASHINGTON, D. C. |