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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
There are effects on this legislation that have not yet been applied to SLD for the following year: 2005. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.
An Act to amend the Law of Arbitration in Scotland.
[3rd July 1894]
C1Act excluded by Agricultural Holdings (Scotland) Act 1949 (c. 75), s. 75(1)
C2Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
C3Act excluded (1.4.1993) by S.I. 1993/923, regs. 1, 10-12, Sch. 2 Pt. II para.24.
C4Act excluded (1.4.1994) by S.I. 1994/672, regs. 10-12, 33, Sch. 3, Pt. II, para. 24
Act excluded (31.3.2002) by S.S.I. 2002/110, regs. 9, 10, 32, Sch. 2 Pt. II, para. 24
I1Act wholly in force at Royal Assent.
. . . F1, 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.
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.
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.
Unless the agreement to refer shall otherwise provide, arbiters shall have power to name an oversman on whom the reference shall be devolved in the event of their differing in opinion. Should the arbiters fail to agree in the nomination of an oversman, the court may on the application of any party to the agreement, appoint an oversman. The decision of such oversman, whether he has been named by the arbiters or appointed by the court, shall be final.
C1S. 4 excluded by Plant Varieties and Seeds Act 1964 (c. 14), s. 10(4)
C2S. 4 excluded (8.5.1998) by 1997 c. 66, s. 43(3); S.I. 1998/1028, art. 2
This Act shall not apply to any agreement, made before its passing, to refer to an arbiter not named or to be named by another person or merely described as the holder for the time being of an office or appointment, if any party to such agreement shall, before the passing of this Act, or within six months thereafter, have intimated to the other party by writing that he declines to be bound by such agreement.
For the purposes of this Act the expression “the court” shall mean any sheriff having jurisdiction or any Lord Ordinary of the Court of Session [F1: except that where—
(a)any arbiter appointed is; or
(b)in terms of the agreement to refer to arbitration an arbiter or oversman to be appointed must be,
a Senator of the College of Justice, “the court” shall mean the Inner House of the Court of Session.]
F1Words added by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3), s. 17(4)
This Act shall apply to Scotland only, and may be cited as the Arbitration (Scotland) Act, 1894.
Arbitration (Scotland) Act 1894