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COMPANIES CLAUSES CONSOLIDATION ACT 1845 - SECT 128

Appointment of arbitrator when questions are to be determined by arbitration.

128. When any dispute authorized or 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.


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© 1845 Crown Copyright

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