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LANDLORD AND TENANT (IRELAND) ACT 1870 - SECT 73
Application of Act.
73. This Act shall apply to Ireland only.(1) If both parties concur a single
arbitrator may be appointed.
(2) If the single arbitrator dies or becomes incapable to act before he has
made his award, the matters referred to him shall be determined by arbitration
under the provisions of this Act in the same manner as if no appointment of an
arbitrator had taken place.
(3) If both parties do not concur in the appointment of a single arbitrator,
each party on the request of the other party shall appoint an arbitrator.
(4) An arbitrator shall in all cases be appointed in writing, and the delivery
of an appointment to an arbitrator shall be deemed a submission to arbitration
on the part of the party by whom the same is made, and after any such
appointment has been made neither party shall have power to revoke the same
without the consent of the other.
(5) If for the space of fourteen days after the service by one party on the
other of a request made in writing to appoint an arbitrator such
last-mentioned party fails to appoint an arbitrator, then upon such failure
the party making the request may apply to the court, and thereupon the dispute
shall be decided by the court according to the provisions of this Act.
(6)If any arbitrator appointed by either party dies or becomes incapable to
act before an award has been made, the party by whom such arbitrator was
appointed may appoint some other person to act in his place, and if for the
space of fourteen days after notice in writing from the other party for that
purpose he fails to do so the remaining or other arbitrator may proceed ex
parte.
(7) If where more than one arbitrator has been appointed either of the
arbitrators refuses or for fourteen days neglects to act, the other arbitrator
may proceed ex parte, and the decision of such arbitrator shall be as
effectual as if he had been the single arbitrator appointed by both parties.
(8) If, where more than one arbitrator has been appointed, and where neither
of them refuses or neglects to act as aforesaid, such arbitrators fail to make
their award within twenty-one days after the day on which the last of such
arbitrators was appointed, or within such extended time (if any) as may have
been appointed for that purpose by both such arbitrators under their hands,
the matters referred to them shall be determined by the umpire to be appointed
as hereafter mentioned.
(9) Where more than one arbitrator has been appointed, the arbitrators shall,
before they enter upon the matters referred to them, appoint by writing under
their hands an umpire to decide on any matters on which they may differ.
(10) If the umpire dies or becomes incapable to act before he has made his
award, or refuses to make his award within a reasonable time after the matter
has been brought within his cognizance, the arbitrators shall forthwith after
such death, incapacity, or refusal appoint another umpire in his place.
(11) If in any of the cases aforesaid the said arbitrators refuse, or for
fourteen days after request of either party to such arbitration neglect, to
appoint an umpire, the Civil Bill Court, as defined by this Act, shall, on the
application of either party to such arbitration, appoint an umpire.
(12) The decision of every umpire on the matters referred to him shall be
final.
Table for Redemption of Annuities or Rentcharges repealed by SLR 1980
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