Companies Clauses Consolidation (Scotland) Act 1845

Arbitration

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

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

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 Arbitrator, each Party, on the Request of the other Party, shall by Writing under his Hand nominate and appoint an Arbitrator to whom such Dispute shall be referred ; 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 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 Determination of such single Arbitrator shall be final.

CXXXII 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 or refuse or for Seven Days neglect to act as Arbitrator, 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, Refusal, or Disability as aforesaid.

CXXXIII Appointment of Umpire.

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

CXXXIV 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, it shall be lawful for the Lord Ordinary, on the Application of either Party to such Arbitration, to appoint an Umpire ; and the Decision of such Umpire on the Matters on which the Arbitrators shall differ shall be final.

CXXXV Power of Arbitrator 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, 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.

CXXXVI 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 or the Umpire, as the Case may be.