Railways Clauses Consolidation Act 1845

Arbitration

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

CXXVI Appointment of Arbitrators when Questions are to be determined by Arbitration.

When any Dispute authorized or 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 Arbitrator, each Party, on the Request of the other Party, shall nominate and appoint an Arbitrator to whom such Dispute shall be referred; and every Appointment of an Arbitrator 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 Corporation aggregate, under the Common Seal of such Corporation, and such Appointment shall be delivered to the Arbitrators, 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 a 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 Arbitrator, such last-mentioned Party fail to appoint such Arbitrator, then upon such Failure the Party making the Request, and having himself appointed an Arbitrator, may appoint such Arbitrator to act on behalf of both Parties; and such Arbitrator may proceed to hear and determine the Matters which shall be in dispute; and in such Case the Award or a Determination of such single Arbitrator shall be final.

CXXVII Vacancy of Arbitrator to be supplied.

If before the Matters so referred shall be determined any Arbitrator appointed by either Party die, or become incapable to act, the Party by whom such Arbitrator 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 Arbitrator may proceed ex parte ; and every Arbitrator so to be substituted as aforesaid shall have the same Powers and Authorities as were vested in the former Arbitrator at the Time of such his Death or Incapacity as aforesaid.

CXXVIII Appointment of Umpire.

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

CXXIX Board of Trade empowered to appoint an Umpire, on Neglect of the Arbitrators.

If in either of the Cases aforesaid the said Arbitrators shall refuse, or shall for Seven Days after Request of either Party to such Arbitration neglect to appoint an Umpire, the Board of Trade shall, on the Application of either Party to such Arbitration, appoint an Umpire; and the Decision of such Umpire on the Matters on which the Arbitrators shall differ, or which shall be referred to him under this or the Special Act, shall be final.

CXXX In case of Death of single Arbitrator the Matter to begin de novo.

If where a single Arbitrator shall have been appointed, such Arbitrator 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 Arbitrator had not been appointed.

CXXXI If either Arbitrator refuse to Act the other to proceed ex parte.

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

CXXXII If Arbitrators fail to make their Award within Twenty-one Days the Matter to go to the Umpire.

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

CXXXIII Power for Arbitrators to call for Books, &c.

The said Arbitrators or their Umpire 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.

CXXXIV Arbitrator and Umpire to make Declaration.

Before any Arbitrator or Umpire shall enter into the Consideration of any Matters referred to him he shall, in the Presence of a Justice, make and subscribe the following Declaration; that is to say,

“

”

And such Declaration shall be annexed to the Award when made; and if any Arbitrator or Umpire, having made such Declaration, shall wilfully act contrary thereto, he shall be guilty of a Misdemeanor.

CXXXV Costs to be in the Discretion of the Arbitrators.

Except where by this or the Special Act, or any Act incorporated therewith, it shall be otherwise provided, the Costs of and attending every such Arbitration, to be determined by the Arbitrators, shall be in the Discretion of the Arbitrators.

CXXXVI Submission to Arbitration may be made a Rule of Court.

The Submission to any such Arbitration may be made a Rule of any of the Superior Courts, on the Application of either of the Parties.

CXXXVII The Award not to be set aside for Matter of Form.

No Award made with 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.

CXXXVIII Service of Notices upon Company.

And be it enacted, That any Summons or Notice, or any Writ, or other Proceeding at Law or in Equity, 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.

CXXXIX 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 Defendant, by Leave of the Court where such Action shall be pending, at any Time before Issue joined to pay into Court such Sum of Money as he shall think fit, and thereupon such Proceedings shall be had as in other Oases where Defendants are allowed to pay Money into Court.