Arbitration Agreement in respect of Right to Privacy by Shiva.

No. 6

Arbitration Agreement in respect of Right to Privacy

Arbitration Agreement made on the . . . . . . . . . . . day of . . . . . . . the month of . . . . . . . of the year one thousand nine hundred . . . . . . . . . . . . . . . . . . . . . between A.B., son of . . . . . . . . . . . . . ., resident of . . . . . . . . . . . . . . . . . . . . ., of the one part; and C.D., son of . . . . . . . . . . . . . . . . . ., resident of . . . . . . . ., of the other part;

WHEREAS the said A.B. has recently opened a window on the third storey of his house No. . . . . . . . . . . . . .;

AND WHEREAS the said C.D. has taken exception to the opening of the said window on the ground that the same invades the privacy of his adjoining residential house, being No. . . . . . .;

AND WHEREAS the said A.B. does not admit that the said window infringes the privacy of the said house of the said C.D. or that the said C.D. has any right of privacy in respect of his said house and refuses to close the said window and insists on his right to open the same.

NOW THIS AGREEMENT WITNESSES that in order to put an end to and settle and determine all disputes and differences between the parties hereto in respect of the premises it is hereby agreed and declared:

1. That the following matters shall be referred for determination to X.Y., namely:

(a)   Whether there is a custom of privacy in the locality in which the houses of the parties are situate;

(b)   Whether, if so, the custom obtains in favour of the ladies of the said C.D.’s family;

(c)   Whether there is any subsisting right of privacy in the said house of the said C.D.;

(d)   Whether the construction of the said window infringes the privacy of the said house;

(e)   Whether the said C.D. is or is not entitled to any and what relief.

2. That the arbitrator shall have power to examine the parties and take and examine other evidence.

3. That the respective parties hereto and their representatives shall do and cause to be done all such things as may be necessary to enable the arbitrator to make his award without any delay, and shall abide by the terms of the award when made.

IN WITNESS whereof the parties hereto have executed this agreement on the date first herein above-written.

(Signed) A.B.

in the presence of . . . . . . . son of . . . . . . . of . . . . . . . . . . . . . .

(Signed) C.D.

in the presence of. . . . . . . .son of . . . . . . . of . . . . . . . . . . . . . .

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