Railways Clauses Consolidation (Scotland) Act 1845

Arbitration

And with respect to the Settlement of Disputes by Arbitration, be it enacted as follows :

CXIX Where Questions are to be determined by Arbitration Arbiters to be appointed within Fourteen, Days after Notice.

When any Dispute directed by this or the special Act, or any Act incorporated therewith, to be settled by Arbitration, shall have arisen, then, unless both Parties shall concur in the Appointment of a single Arbiter, each Party, on the Request of the other Party, shall nominate and appoint an Arbiter to whom such Dispute shall be referred; and every Appointment of an Arbiter shall be made on the Part of the Company under the Hand of the Secretary or any Two of the Directors of the Company, and on the Part of any other Party under the Hand of such Party, or if such Party be a Company or Corporation, under the Hand of the proper Officer or Person authorized by such Company or Corporation ; and such Appointment shall be delivered to the Arbiter, and shall be deemed a Submission to Arbitration on the Part of the Party by whom the same shall be made ; and after any such Appointment shall have been made neither Party shall have Power to revoke the same without the Consent of the other, nor shall the Death of either Party operate as such Revocation; and if for the Space of Fourteen Days after any such Dispute shall have arisen, and after a Request in Writing, in which shall be stated the Matters so required to be referred to Arbitration, shall have been served by the one Party on the other Party, to appoint an Arbiter, such last-mentioned Party fail to appoint such Arbiter, then upon such Failure the Party making the Request, and having himself appointed an Arbiter, may appoint such Arbiter to act on behalf of both Parties; and such Arbiter may proceed to hear and determine the Matters which shall be in dispute, and in such Case the Award or Determination of such single Arbiter shall be final.

CXX Vacancy of Arbiter to be supplied.

If before the Matters so referred shall be determined any Arbiter appointed by either Party die, or become incapable to act, the Party by whom such Arbiter was appointed may nominate and appoint in Writing some other Person to act in his Place; and if for the Space of Seven Days after Notice in Writing from the other Party for that Purpose he fail to do so the remaining or other Arbiter may proceed ex parte; and every Arbiter so to be substituted as aforesaid shall have the same Powers and Authorities as were vested in the former Arbiter at the Time of such his Death or Incapacity as aforesaid.

CXXI Appointment of Oversman.

Where more than One Arbiter shall have been appointed such Arbiters shall, before they enter upon the Matters so referred to them, nominate and appoint by Writing under their Hands aft Oversman to decide on any such Matters on which they shall differ, or which shall be referred to them under this or the special Act; and if such Oversman shall die or become incapable to act, they shall forthwith after such Death or Incapacity appoint another Oversman in his Place; and the Decision of every such Oversman on the Matters on which the Arbiters shall, differ shall be final.

CXXII Lord Ordinary to appoint an Oversman on Neglect of Arbiters.

If in either of the Cases aforesaid the said Arbiters shall refuse, or shall for Seven Days after Request of either Party to such Arbitration neglect to appoint an Oversman, the Lord Ordinary, on the Application of either Party to such Arbitration, shall appoint an Oversman; and the Decision of such Oversman on the Matters on which the Arbiters shall differ, or which shall be referred to them Under this or the special Act, shall be final.

CXXIII In case of Death of single Arbiter, Matter to begin de novo.

If when a single Arbiter shall have been appointed such Arbiter shall die or become incapable to act before he shall have made his Award, the Matters referred to him shall be determined by Arbitration, under the Provisions of this or the special Act, in the same Manner as if such Arbiter had not been appointed.

CXXIV If either Arbiter refuse to act, the other to proceed ex parte.

If where more than One Arbiter shall have been appointed either of the Arbiters refuse or for Seven Days neglect to act, the other Arbiter may proceed ex parte, and the Decision of such Arbiter shall be as effectual as if he had been the single Arbiter by both Parties.

CXXV If Arbiters fail to make their Award within Twenty one Days the Matter to go to the Umpire.

If where more than One Arbiter shall have been appointed, and where neither of them shall refuse or neglect to act as aforesaid, such Arbiters shall fail to make their Award within Twenty-one Days after the Day on which the last of such Arbiters shall have been appointed, or within such extended Time as shall have been appointed for that Purpose by both such Arbiters, under their Hands, the Matters referred to them shall be determined by the Umpire to be appointed as aforesaid.

CXXVI Power of Arbiters to call for Books, &c.

The said Arbiters or their Oversman may call for the Production of any Documents in the Possession or Power of either Party which they or he may think necessary for determining the Question in dispute, and may examine the Parties or their Witnesses on Oath, and administer the Oaths necessary for that Purpose, and may also grant Diligence for the Recovery of such Documents as either Party may require, or for citing Witnesses, and on Application to the Lord Ordinary Letters of Supplement, or such other Writ as may be necessary, shall be issued by the Lord Ordinary in support of such Diligence,

CXXVII Expences to be in the Discretion of the Arbiters.

Except where by this or the special Act, or any Act incorporated therewith, it shall be otherwise provided, the Expences of and attending every such Arbitration, to be determined by the Arbiters, including the Expence of recording the Decreet Arbitral or Award in the Books of Council and Session, and of furnishing Extracts thereof from the said Books, shall be in the Discretion of the Arbiters or the Oversman, as the Case may be.

CXXVIII Awards to be in Writing, and recorded.

The Arbiters or Oversman, as the Case may be, shall make the Decreet Arbitral or Award in Writing-, and shall cause the same to be recorded in the Books of Council and Session; and Extracts of Decreets Arbitral or Awards so recorded shall make Faith in all Courts and Cases in like Manner as the original Decreets Arbitral or Awards themselves, except where ' the Originals are offered to be improven.

CXXIX Not to be set aside for Matter of Form.

No Award made in respect to any Question referred to Arbitration under the Provisions of this or the special Act shall be set aside for Irregularity or Error in Matter of Form.

CXXX Service of Notices upon Company.

And be it enacted, That any Summons or Notice, or any Writ or other Proceeding at Law, requiring to be served upon the Company, may be served by the same being left at or transmitted through the Post directed to the principal Office of the Company, or One of their principal Offices where there shall be more than One, or being given personally to the Secretary, or in case there be no Secretary then by being given to any One Director of the Company.

CXXXI Tender of Amends.

And be it enacted, That if any Party shall have committed any Irregularity, Trespass, or other wrongful Proceeding in the Execution of this or the special Act, or any Act incorporated therewith, or by virtue of any Power or Authority thereby given, and if before Action brought in respect thereof such Party make Tender of sufficient Amends to the Party injured, such last-mentioned Party shall not recover in any such Action; and if no such Tender shall have been made it shall be lawful for the Defender, by Leave of the Court where such Action shall be pending, at any Time before the Record is closed to pay into Court such Sum of Money as he shall think fit, and thereupon such Proceedings shall be had as in other Cases where Defenders are allowed to pay Money into Court.