224 THE LAW AFFECTING ENGINEERS 



taken upon myself the burthen of the said reference, do make and publish 

 this my award, of and concerning the matters so referred to me as afore- 

 said, in manner following, that is to say, I award and determine that the 

 said C. D. has a just and valid claim against the said A. B. to the extent 

 of , and that the said A. B. has a just and valid claim against the 



said 0. D. to the extent of (a less sum^ so that, after deducting 



the latter sum from the former, there remains justly due to the said C. D. 

 from the said A. B. the sum of . And I direct the said 



A. B. on the day of next, to pay the said sum of 



to the said C. D. (And I direct that the said sum of shall be 



paid and accepted, as and for full satisfaction and discharge, and as a 

 final end and determination of the said differences in the matters so 

 referred as aforesaid, and all demands upon or in respect of the same by 

 either of the said parties against the other of them.) And I further award 

 that the said A. B. shall bear and pay his own costs of and attending the 

 said arbitration, and shall pay to the said C. D. his costs of attending the 

 said arbitration, and shall pay the costs of this my award. (And I 

 determine the costs of the said 0. D. to amount to .) 



" In witness whereof I have hereunto set my hand this day 



of 19 . 



" G. L. 

 " Signed in the presence of ." 



The testimonmm clause to the duplicate copy of the award 

 will be : 



" In witness whereof I have set my hand to this duplicate of my award 

 this day of 19 ." 



The award consists of recitals and operative words. Recitals 

 are not necessary, but they are often useful, as they enable 

 any person who has occasion to refer to the document to 

 immediately understand what the object of the reference really 

 was. Further, they may serve to explain what might other- 

 wise be an ambiguous or doubtful award. 



30. Requisites of a valid award. The requisites of an award 

 may now be briefly considered. 



(a) It must not exceed the submission ; 



(b) It must extend to all matters referred ; 



(c) It must be certain ; 



(d) It must be final ; 



(e) It must not be impossible, unreasonable, inconsistent or 

 illegal. 



(a) An award must not exceed the submission. It is obvious 

 that an arbitrator is not called upon to decide questions which 

 are not referred to in the submission which gives him power. 



