NRS-13589 | Arbitration papers

Cause papers vary considerably in form and substance, but normally contain bonds (or deeds) to submit matters to arbitration or rules of reference (ie. orders of the court) to submit to arbitration. The bonds, deeds or rules of reference may show: the substance of the original agreement in dispute, names of arbitrators appointed, date by which arbitrators must submit report (including provision for extension of time), provision for the election of an umpire in the event of a dispute between arbitrators regarding determination of award, agreements regarding proceedings to be instituted by either party in the event of the opposite party not supplying documents (ie. books of account, etc.) relevant to the matter under consideration.Submissions and references normally granted to arbitrators and umpires the power to examine witnesses and parties orally under oath and include provision for costs (to be determined by the arbitrators). Such awards or umpirage could, upon the agreement of both parties, be enforced as rules of the court.Cause papers may also include: notices of motions to amend or correct awards, copies of articles of agreements, affidavits supporting applications for attachments (for non-payment of awards), affidavits of service of rules and for summonses, affidavits of execution of bonds (by witnesses at the signing of same), notices of awards made (but not normally including grounds for awards), consents for enlargements of time to make awards, and depositions tendered as evidence.In the event of either party wishing to appeal to the Privy Council, the appellant lodged a petition for leave to appeal with the Supreme Court Office, stating grounds for appeal, together with supporting affidavits. 1832-33, 1848-52, 1854-56 (5/4521-25). 5 boxes.Note:This description is extracted from Concise Guide to the State Archives of New South Wales, 3rd Edition 2000.