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RAILWAYS CLAUSES CONSOLIDATION ACT 1845 - SECT 126

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

126. 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 nominate and
appoint an arbitrator to whom such dispute shall be referred; and every
appointment of an arbitrator shall be made on the part of the company under
the hand of the secretary or any two of the directors of the company, and on
the part of any other party under the hand of such party, or if such party be
a corporation aggregate under the common seal of such corporation; and such
appointment shall be delivered to the arbitrators, and shall be deemed a
submission to arbitration on the part of the party by whom the same shall be
made; 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 a revocation; and if for the space of
fourteen days after any such dispute shall have arisen, and after a request in
writing, in which shall be stated the matters so required to be referred to
arbitration, 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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