Arbitration Act 1934

JurisdictionUK Non-devolved
Citation1934 c. 14


Arbitration Act, 1934

(24 & 25 Geo. 5.) CHAPTER 14.

An Act to mend the law relating to arbitrations and to make provision for other matters connected therewith.

[17th May 1934]

B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

General Amendments of the Law relating to Arbitration.

General Amendments of the Law relating to Arbitration.

S-1 Arbitration agreement not to be discharged by death of party thereto.

1 Arbitration agreement not to be discharged by death of party thereto.

(1) An arbitration agreement shall not be discharged by the death of any party thereto, either as respects the deceased or any other party, but shall in such an event be enforceable by or against the personal representative of the deceased.

(2) The authority of an arbitrator shall not be revoked by the death of any party by whom he was appointed.

(3) Nothing in this section shall be taken to affect the operation of any enactment or rule of law by virtue of which any right of action is extinguished by the death of a person.

S-2 Provisions in case of bankruptey

2 Provisions in case of bankruptey

(1) Where it is provided by a term in a contract to which a bankrupt is a party that any differences arising thereout or in connection therewith shall be referred to arbitration, the said term shall, if the trustee in bankruptcy adopts the contract, be enforceable by or against him so far as relates to any such differences.

(2) Where a person who has been adjudged bankrupt had before the commencement of the bankruptcy become a party to an arbitration agreement and any matter to which the agreement applies requires to be determined in connection with or for the purposes of the bankruptcy proceedings, then, if the case is one to which subsection (1) of this section does not apply, any other party to the agreement or, with the consent of the committee of inspection, the trustee in bankruptcy, may apply to the Court having jurisdiction in the bankruptcy proceedings for an order directing that the matter in question shall be referred to arbitration in accordance with the agreement, and that Court may, if it is of opinion that, having regard to all the circumstances of the case, the matter ought to be determined by arbitration, make an order accordingly.

S-3 Power of Court where arbitrator is removed or appointment of arbitrator is revoked.

3 Power of Court where arbitrator is removed or appointment of arbitrator is revoked.

(1) Where an arbitrator (not being a sole arbitrator), or two or more arbitrators (not being all the arbitrators) or an umpire who has not entered on the reference is or are removed by the Court, the Court may, on the application of any party to the arbitration agreement, appoint a person or persons to act as arbitrator or arbitrators or umpire in place of the person or persons so removed.

(2) Where the appointment of an arbitrator or arbitrators or umpire is revoked by leave of the Court, or a sole arbitrator or all the arbitrators or an umpire who has entered on the reference is or are removed by the Court, the Court may, on the application of any party to the arbitration agreement, either—

(a ) appoint a person to act as sole arbitrator in place of the person or persons removed; or

(b ) order that the arbitration agreement shall cease to have effect with respect to the dispute referred.

(3) A person appointed under this section by the Court as an arbitrator or umpire shall have the like power to act in the reference and to make an award as if he had been appointed in accordance with the terms of the arbitration agreement.

(4) Where it is provided (whether by means of a provision in the arbitration agreement or otherwise), that an award under an arbitration agreement shall be a condition precedent to the bringing of an action with respect to any matter lo which the agreement applies, the Court, if it orders (whether under this section or under any other enactment) that the agreement shall cease to have effect as regards any particular dispute, may further order that the provision making an award a condition precedent to the bringing of an action shall also cease to have effect as regards that dispute.

S-4 Provisions on the appointment of three arbitrators.

4 Provisions on the appointment of three arbitrators.

(1) Where an arbitration agreement provides that the reference shall be to three arbitrators, one to be appointed by each party and the third to be appointed by the two appointed by the parties, the agreement shall have effect as if it provided for the appointment of an umpire, and not for the appointment of a third arbitrator, by the two arbitrators appointed by the parties.

(2) Where an arbitration agreement provides that the reference shall be to three arbitrators to be appointed otherwise than as mentioned in the foregoing subsection, the award of any two of the arbitrators shall be binding.

S-5 Provisions relating to umpires.

5 Provisions relating to umpires.

(1) The following paragraph shall be substituted for paragraph (b ) of the First Schedule to the principal Act (which sets out certain provisions which are to be implied in an arbitration agreement unless the contrary intention is expressed therein):—

‘(b ) if the reference is to two arbitrators, the two arbitrators shall appoint an umpire immediately after they are themselves appointed’:

and in paragraph (c ) of section five of the principal Act after the word ‘arbitrator’ there shall be inserted the words ‘or where two arbitrators are required to appoint an umpire.’

(2) At any time after the appointment of an umpire, however appointed, the Court may, on the application of any party to the reference and notwithstanding anything to the contrary in the arbitration agreement, order that the umpire shall enter on the reference in lieu of the arbitrators and as if he were a sole arbitrator.

S-6 Arbitrators and umpires to use due dispatch.

6 Arbitrators and umpires to use due dispatch.

(1) The Court may, on the application of any party to a reference, remove an arbitrator or umpire who fails to use all reasonable dispatch in entering on and proceeding with the reference and making an award.

(2) An arbitrator or umpire who is removed by the Court under this section shall not be entitled to receive any remuneration in respect of his services.

(3) Subject to the provisions of subsection (2) of section ten of the principal Act and to anything to the contrary in the arbitration agreement, an arbitrator or umpire shall have power to make an award at any time.

(4) For the purposes of this section the expression ‘proceeding with a reference’ includes, in a case where two arbitrators are unable to agree, giving notice of that fact to the parties and to the umpire.

S-7 Amendment of Sch. 1 of principal Act.

7 Amendment of Sch. 1 of principal Act.

7. The following provisions shall be added at the end of the First Schedule to the principal Act:—

‘(j ) the arbitrators or umpire shall have the same power as the Court to order specific performance of any contract other than a contract relating to land or any interest in land:

(k ) the arbitrators or umpire may, if they think fit, make an interim award.’

S-8 Additional powers of Court.

8 Additional powers of Court.

(1) The Court shall have, for the purpose of and in relation to a reference, the same power of making orders in respect of any of the matters set out in the First Schedule to this Act as it has for the purpose of and in relation to an action or matter in the Court:

Provided that nothing in the foregoing provision shall be taken to prejudice any power which may be vested in an arbitrator or umpire of making orders with respect to any of the matters aforesaid.

(2) Where relief by way of interpleader is granted and it appears to the Court that the claims in question are matters to which an arbitration agreement, to which the claimants are parties, applies, the Court may direct the issue between the claimants to be determined in accordance with the agreement.

(3) Where an application is made to set aside an award the Court may order that any money made payable by the award shall be brought into court or otherwise secured pending the determination of the application.

S-9 Statement of case by arbitrator or umpire.

9 Statement of case by arbitrator or umpire.

(1) An arbitrator or umpire may, and shall if so directed by the Court, state:—

(a ) any question of law arising in the course of the reference; or

(b ) an award or any part of an award,

in the form of a special case for the decision of the Court.

(2) A special case with respect to an interim award or with respect to a question of law arising in the course of a reference may be stated, or may be directed by the Court to be stated, notwithstanding that proceedings under the reference are still pending.

(3) A decision of the Court under this section shall be deemed to be a judgment of the Court within the meaning of section twenty-seven of the Supreme Court of Judicature (Consolidation) Act, 1925 (which relates to the jurisdiction of the Court of Appeal to hear and determine appeals from any judgment of the Court), but no appeal shall lie from the decision of the Court on any case stated under paragraph (a ) of subsection (1) of this section without the leave of the Court or of the Court of Appeal.

S-10 Entry of judgment in terms of awards.

10 Entry of judgment in terms of awards.

10. Where leave is given under section twelve of the principal Act to enforce an award in the same manner as a judgment or order, judgment may be entered in terms of the award.

S-11 Interest on awards.

11 Interest on awards.

11. A...

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