Agreement to Refer a Boundary Dispute to an Arbitrator - Word & PDF Template Form

The parties to this Deed are advised that execution of this document will have legal consequences. Where either party is unsure of, or does not understand, the legal obligations and responsibilities placed upon them under this Deed, they are advised to seek independent legal advice before signing.

DEED OF AGREEMENT TO REFER A BOUNDARY DISPUTE TO ARBITRATION

DATED

________

§1. The Parties

1.1 Party A

________

of the address:

________

(Party A)

1.2 Party B

________

of the address:

________

(Party B)

(Party A and Party B together being the Parties and each a Party.)

§2. The Properties

2.1 Party A is the owner of the title to the land known as:

________

registered at HM Land Registry under title number ________ (or, if unregistered, held under the conveyance dated ________) (Property A).

2.2 Party B is the owner of the title to the land known as:

________

registered at HM Land Registry under title number ________ (or, if unregistered, held under the conveyance dated ________) (Property B).

§3. Background

3.1 Party A and Party B disagree about the position of the boundary between Property A and Property B (the Dispute).

3.2 To date the Parties have made the following attempts to resolve the Dispute:

________

3.3 The above attempts have been unsuccessful and the Parties have agreed that the Dispute shall be referred to arbitration for final determination.

3.4 The purpose of this Deed is to record the Parties' agreement to refer the Dispute to arbitration in accordance with the Arbitration Act 1996, and to record the matters which require determination.

NOW THIS DEED RECORDS THE AGREEMENT OF THE PARTIES THAT:

§4. Arbitration Agreement and Appointment

4.1 The Parties agree that this Deed constitutes an arbitration agreement in writing for the purposes of section 5 of the Arbitration Act 1996, and that the arbitral proceedings shall be governed by the provisions of that Act.

4.2 An independent sole arbitrator shall be jointly appointed by the Parties. The seat of the arbitration shall be England and Wales.

4.3 The sole arbitrator appointed is ________ of the following address:

________

(the Arbitrator).

4.4 The Parties seek a final determination and award by no later than ________.

4.5 Where the Arbitrator is unable, unwilling or incapable of acting, or fails to determine the Dispute within the specified timeframe, the Parties shall agree a replacement arbitrator. In default of agreement within 28 days, either Party may apply to ________ to appoint a replacement, failing which the court shall have power to make an appointment under section 18 of the Arbitration Act 1996.

§5. Matters for Determination

5.1 The Arbitrator shall be asked to make a final award determining the following matter only:

The proper position of the boundary between Property A and Property B by reference to the points marked on the plan attached at the Schedule marked 'PLAN'.

5.2 The Arbitrator shall conduct the arbitration in such manner as the Arbitrator considers appropriate, acting fairly and impartially as between the Parties and giving each a reasonable opportunity to put their case and respond, in accordance with section 33 of the Arbitration Act 1996.

5.3 The Arbitrator may inspect Property A and Property B and the boundary in question, and may instruct a surveyor or other expert as the Arbitrator considers necessary.

§6. The Final Award

6.1 The Parties agree that the decision and award of the Arbitrator shall be final and binding on them (the Final Award), save for any challenge or appeal available under sections 67 to 69 of the Arbitration Act 1996.

6.2 The Final Award shall be in writing and shall state the reasons for the award in accordance with section 52 of the Arbitration Act 1996.

6.3 Within 28 days after the date of the Final Award, both Parties shall ensure that a memorandum recording this Deed and the Final Award is duly prepared and executed, and that the determined boundary is recorded and (where the land is registered) an application is made to HM Land Registry to record the determined boundary under section 60 of the Land Registration Act 2002 and the Land Registration Rules 2003.

§7. Costs

7.1 The Parties shall share equally the fees and expenses of the Arbitrator, together with any other expenses incurred in the course of the arbitration.

7.2 Each Party shall bear its own legal and other costs incurred in connection with the preparation and conduct of the arbitration, save where the Arbitrator directs otherwise as part of the Final Award.

7.3 The Arbitrator shall have power to determine, by way of an award as to costs under sections 61 and 63 of the Arbitration Act 1996, how the costs of the arbitration shall ultimately be borne between the Parties.

§8. Confidentiality

8.1 The Parties shall keep confidential all matters relating to the arbitration and the Final Award, save to the extent that disclosure is required to enforce or challenge the Final Award, to comply with any legal or regulatory obligation, or to record the determined boundary at HM Land Registry.

§9. Notices

9.1 Any notice given under this Deed shall be in writing and delivered by hand or sent by pre-paid first class post to the relevant Party at the address set out in §1, or to such other address as that Party may notify in writing.

§10. General

10.1 This Deed constitutes the entire agreement between the Parties in relation to its subject matter and supersedes all prior discussions and arrangements.

10.2 If any provision of this Deed is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

10.3 A person who is not a Party to this Deed shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it.

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§11. Jurisdiction and Governing Law

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11.2 Subject to the arbitration provisions of this Deed, the Parties submit to the exclusive jurisdiction of the courts of England and Wales.

EXECUTED AS A DEED BY PARTY A:

________

Signature:

____________________________

Dated:

________

IN THE PRESENCE OF

Name of witness (BLOCK CAPITALS):

________

Signature:

___________________________

Address:

________

Occupation:

________

EXECUTED AS A DEED BY PARTY B:

________

Signature:

____________________________

Dated:

________

IN THE PRESENCE OF

Name of witness (BLOCK CAPITALS):

________

Signature:

___________________________

Address:

________

Occupation:

________

THIS IS THE SCHEDULE MARKED

'PLAN'

A plan detailing the boundary which is in dispute is attached below:

________