THE LAW OF CONTRACTS ARBITRATION Form of Arbitration Clause 1 Recommended by Chamber of Commerce of the State of New York Williston-Sections 227, 677, 767, 798, 1421, 1719 to 1723, 1925 to 1930. Laws of New York, Chap. 275, Laws of 1920. Spiritusfabriek v. Sugar Products Co., 230 N. Y. 261, 130 N. E. 288. In re Division 132 of Amalgamated Street and Electrical Employee of America, 196 App. Div. 206, 188 N. Y. Supp. 353. Matter of General Silk Importing Co. Inc., 198 App. Div. 16, 189 N. Y. Supp. 391; Matter of Yeannakopoulos, 195 App. Div. 261, 186 N. Y. Supp. 457; Matter of Palmer & Pierce, Inc., 195 App. Div. 523, 186 N. Y. Supp. 369; Re Shima & Co., 113 Misc. 612, 186 N. Y. Supp. 154. In re Lowenthal, 191 N. Y. Supp. 282. C. Itoh v. Boyer, 191 N. Y. Supp. 290. "Any dispute arising under, out of, or in connection with, or in relation to this contract, shall be submitted to arbitration under the rules, for the time being, of the Committee on Arbitration of the Chamber of Commerce of the State of New York. "The validity, enforcibility and interpretation of any of the clauses of this contract shall be determined and governed by the law of the State of New York." Arbitration Clause Matter of Shima & Co., Ltd., 113 Misc. 612, 186 N. Y. Supp. 154. "Any differences arising between the parties to this contract 1 The Arbitration Law of the State of New York (Chapter 275, Laws of 1920) has been held inapplicable to suits in the federal courts. Atlantic Fruit Company v. Red Cross Line, 276 Fed. 319. do not invalidate same, but shall be settled by arbitration at New York, unless otherwise specified herein, and decision by such arbitration shall be final and binding on both parties." Arbitration Clause Matter of Yeannakopoulos, 195 App. Div. 261, 186 N. Y. Supp. 457. "Any dispute arising in the execution of this contract to be submitted to arbitration in New York." Arbitration Clause Hudson Trading Co. v. Durand, 194 App. Div. 248, 185 N. Y. Supp. 187. "All disputes and differences arising out of this contract shall be settled and finally determined in the City of New York, by arbitration in the following manner: Each party to this agreement shall appoint an arbitrator. If the two arbitrators so appointed cannot agree within a month after their appointment, they will select a third arbitrator. The decision in writing of the three arbitrators, or any two of them, shall be final and binding upon the parties therein, who shall conform to and abide by said decision. If either party fails to appoint his arbitrator within 14 days after notice in writing requiring him to do so, the arbitrator appointed by the other party shall act for both; his decision in writing shall be final and binding upon both parties, as if he had been appointed by consent, and both parties thereto shall conform to and comply therewith." Arbitration Clause— "In case of any dispute between the parties hereto as to their rights hereunder against each other the same shall be settled by arbitration, as follows: Either party may, by written notice to the other, appoint an arbitrator. Thereupon, within ten days after the giving of such notice, the other shall by written notice to the former appoint another arbitrator, and in default of such second appointment the arbitrator first appointed shall be sole arbitrator. When any two arbitrators have been appointed as aforesaid, they shall, if possible, agree upon a third arbitrator and shall appoint him by notice in writing, signed by both of them in triplicate, one of which triplicate notices shall be given to each party hereto; but if ten days shall elapse after the appointment of the second arbitrator without notice of appointment of the third arbitrator being given as aforesaid, then either party hereto (or both) may in writing request the person who is at the time the Chairman or Acting Chairman of the Arbitration Committee of the Chamber of Commerce of New York City to appoint the third arbitrator, and upon appointment of the third arbitrator (whichever way appointed as aforesaid) the three arbitrators shall meet and shall give opportunity to each party hereto to present his case and witnesses, if any, in the presence of the other, and shall then make their award; and the award of the majority of the arbitrators shall be binding upon the parties hereto and judgment may be entered thereon in any court having jurisdiction. Such award shall include the fixing of the expense of the arbitration and assessment of same against either or both parties." Form of Arbitration Agreement adopted by the Public Service Commission for the First District of the State of New York with the Interborough Rapid Transit Company of New York. [Vol. IV (1913) Reports of Public Service Commission for the First District, State of New York.] "CHAPTER VI "ARBITRATION "ARTICLE XXX. If the Commission or the Lessee shall desire to submit to arbitration any matter of difference arising under any provision of this contract in respect of which it is therein provided an arbitration may be had, then such matter of difference may be submitted to arbitration. Such arbitration shall be conducted as follows: Either the City, acting by the Commission, or the Lessee, may give written notice to the other that it requires the matter arising hereunder to be submitted to arbitration, and shall at the same time name a disinterested person as an arbitrator, and accompany the notice by a written acceptance by the arbitrator of the nomination. Within thirty (30) days after the receipt of such notice, the party receiving the same shall name a disinterested person as an arbitrator, and give written notice of such nomination to the other party, the notice to be accompanied by a written acceptance by the arbitrator of the nomination. If the party to whom notice of arbitration is given shall not so nominate an arbitrator, who shall so accept, then the arbitrator named by the party giving the first notice shall be the sole arbitrator. The Commission and the Lessee shall upon the nomination of the second arbitrator select a third arbitrator; but if they fail to agree upon such third arbitrator within thirty (30) days after the date of the nomination of the second arbitrator nominated, the third arbitrator shall be nominated by the Chief Judge of the Court of Appeals of the State of New York; or if within fifteen (15) days after being requested by either the Commission or the Lessee to make such nomination, the said Chief Judge shall decline or fail to make a nomination, then an arbitrator shall be nominated, upon the request of the Commission or the Lessee and within a period of fifteen (15) days by any Associate Judge of said Court of Appeals in order of seniority; or if within such periods the said Judges shall decline or fail to make a nomination, then the third arbitrator shall be nominated by the President or Acting President for the time being of the Chamber of Commerce of the State of New York. The arbitrators shall hear the parties and their counsel or any statements or evidence which the parties or either of them desire to submit. The failure to give the notice provided for in Article XXIX shall not preclude the party failing to give such notice from setting up counterclaims growing out of or incident to the matter as to which the other party shall have given such notice. Either party may, upon two (2) days' notice (Saturdays, Sundays and Holidays excepted) to the other, bring on the subject in dispute for hearing before the arbitrators. Within thirty (30) days after such hearing commences, unless such time shall be extended for good cause by written order of the arbitrators or a majority of them, the arbitrators shall make their determination in writing in duplicate, one to be delivered to the Commission and the |