Railway Companies Arbitration Act 1859
| Jurisdiction | UK Non-devolved |
| Citation | 1859 c. 59 |
| Year | 1859 |
(22 & 23 Vict.) C A P. LIX.
[13th August 1859]
FOR the better providing for the Settlement by Arbitration of Matters in which Railway Companies in the United Kingdom are mutually interested, be 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; (that is to say,)
I Short Title.
I. This Act may for all Purposes be cited as ‘Railway Companies Arbitration Act, 1859;’ and the Expression‘Railway Companies’ in this Act extends to and includes all Persons being the Owners or Lessees of, and all Contractors working any Railway upon which Steam Power is used.
II Power for Railway Companies to refer Matters to Arbitration.
II. Any Two or more Railway Companies, whether already or hereafter incorporated (in this Act called ‘the Companies’), from Time to Time, by Writing under their respective Common Seals, may agree to refer and may refer to Arbitration, in accordance with this Act, any then existing or future Differences, Questions, or other Matters whatsoever in which they their are or thereafter shall be mutually interested, and which they might lawfully settle or dispose of by Agreement between themselves, and may delegate to the Person or Persons to whom the Reference is made any Power to determine all or any of the Terms of any Contract to be made between the Companies which the Directors of the Companies respectively might lawfully delegate to any Committees of themselves respectively.
III Power to alter or revoke Agreements for Reference.
III. The Companies jointly, but not otherwise, from Time to Time, by Writing under their respective Common Seals, may add to, alter, or revoke any Agreement for Reference in accordance with this Act theretofore entered into between the Companies, or any of the Terms, Conditions, or Stipulations thereof.
IV Agreements to be carried into effect.
IV. Every Reference or Agreement in accordance with this Act, except so far is it is from Time to Time revoked or modified in accordance with this Act, shall bind the Companies, and may and shall be carried into full Effect.
V Reference.
V. Where the Companies agree, the Reference shall be made to a single Arbitrator.
VI Reference to Two or more Arbitrators.
VI. Except where the Companies agree that the Reference shall be made to a single Arbitrator, the Reference shall be made as follows; to wit,
Where there are Two Companies the Reference shall be made to Two Arbitrators.
Where there are Three or more Companies the Reference shall be made to so many Arbitrators as there are Companies.
VII Appointment of Arbitrators by Companies.
VII. Where there are to be Two or more Arbitrators, every Company shall by Writing under their Common Seal appoint one of the Arbitrators, and shall give Notice in Writing thereof to the other Company or Companies.
VIII Appointment of Arbitrators by Board of Trade.
VIII. Where there are to be Two or more Arbitrators, if any of the Companies fail to appoint an Arbitrator within Fourteen Days after being thereunto requested in Writing by the other Company, or by the other Companies or any of them, then, on the Application of the Companies or any of them, the Board of Trade, instead of the Company so failing to appoint an Arbitrator, may appoint an Arbitrator; and the Arbitrator so appointed shall for the Purposes of this Act be deemed to be appointed by the Company so failing.
IX Appointment of Arbitrators by Companies to supply Vacancies.
IX. When the Reference is made to Two or more Arbitrators, if before the Matters referred to them are determined any Arbitrator dies, or becomes incapable or unfit, or for Seven consecutive Days fails to act as Arbitrator, the Company by which he was appointed shall by Writing under their Common Seal appoint an Arbitrator in his Place.
X Appointment of Arbitrators by Board of Trade to supply Vacancies.
X. Where the Company by which an Arbitrator ought to be appointed in the Place of the Arbitrator so deceased, incapable, unfit, or failing to act, fail to make the Appointment within Fourteen Days after being thereunto requested in Writing by the other Company, or by the other Companies or any of them, then, on the Application of the Companies or any of them, the Board of Trade may appoint an Arbitrator; and the Arbitrator so appointed by the Board of Trade shall for the Purposes of this Act be deemed to be appointed by the Company so failing.
XI Appointment of Arbitrator not revocable.
XI. When any Appointment of an Arbitrator is made, the Company making the Appointment shall...
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