64Arbitration
(1)Where under this Act any difference is to be referred to arbitration, the difference is to be referred to, and settled by, a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice to the other, by the President of the Institution of Civil Engineers.
(2)Subsection (3) applies where—
(a)a party has under subsection (1) applied for the arbitrator to be appointed by the President of the Institution of Civil Engineers, and
(b)the President notifies either of the parties that he or she is not going to appoint an arbitrator under subsection (1).
(3)In default of agreement between the parties as to who in the circumstances should be the arbitrator, the arbitrator is to be appointed on the application of either party, after notice to the other, by the Office of Rail and Road.
(4)The Office of Rail and Road may under subsection (3) appoint a member or employee of that Office as the arbitrator.
(5)The Secretary of State for Communities and Local Government and the Secretary of State for Transport acting jointly may by rules make provision about procedure in relation to arbitration under this Act.
(6)Rules under subsection (5) must be made by statutory instrument; and a statutory instrument containing such rules is subject to annulment in pursuance of a resolution of either House of Parliament.