Arbitration (Scotland) Act 1894

JurisdictionUK Non-devolved
Citation1894 c. 13


Arbitration (Scotland) Act, 1894.

(57 & 58 Vict.) CHAPTER 13.

An Act to amend the Law of Arbitration in Scotland.

[3rd July 1894]

B E it enacted by the Queen'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:

S-1 Reference to arbiter not named, &c. not to be invalid.

1 Reference to arbiter not named, &c. not to be invalid.

1. From and after the passing of this Act, an agreement to refer to arbitration shall not be invalid or ineffectual by reason of the reference being to a person not named, or to a person to be named by another person, or to a person merely described as the holder for the time being of any office or appointment.

S-2 On failure to concur in nomination of single arbiter, court may appoint.

2 On failure to concur in nomination of single arbiter, court may appoint.

2. Should one of the parties to an agreement to refer to a single arbiter refuse to concur in the nomination of such arbiter, and should no provision have been made for carrying out the reference in that event, or should such provision have failed, an arbiter may be appointed by the court, on the application of any party to the agreement, and the arbiter so appointed shall have the same powers as if he had been duly nominated by all the parties.

S-3 On failure of one party to nominate arbiter, court may appoint.

3 On failure of one party to nominate arbiter, court may appoint.

3. Should one of the parties to an agreement to refer to two arbiters refuse to name an arbiter, in terms of the agreement, and should no provision have been made for carrying out the reference in that event, or should such provision have failed, an arbiter may be appointed by the court, on the application of the other party, and the arbiter so appointed shall have the same powers as if he had been duly nominated by the party so refusing.

S-4 Arbiters may devolve on oversmen unless otherwise agreed.

4 Arbiters may devolve on oversmen unless otherwise agreed.

4. Unless the agreement to refer shall otherwise provide, arbiters shall have power to name...

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