Form of Arbitration Clause l 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 LowenthaJ, 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 do not jnvalidate 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."

1 The Arbitration Law of the State of New York (Chapter 275, Laws of 1020) has been held inapplicable to suits in the federal courts. Atlantic Fruit Company v. Red Cross Line, 276 Fed. 310.

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.]