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RAILWAY COMPANIES ARBITRATION ACT 1859
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CHAPTER LIX.
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An Act to enable Railway Companies to settle their Differences with other Companies by Arbitration. [13th August 1859.]
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Short title.
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1. 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.
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Railway companies may refer matters to arbitration.
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2. 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 then 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.
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Power to alter or revoke agreements for reference.
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3. 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.
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Agreements to be carried into effect.
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4. Every reference or agreement in accordance with this Act, except so far as 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.
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Reference to a single arbitrator.
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5. Where the companies agree, the reference shall be made to a single arbitrator.
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Reference to two or more arbitrators.
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6. Except where the companies agree that the reference shall be made to a single arbitrator, the reference shall be made as follows; to wit,
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Where there are two companies the reference shall be made to two arbitrators:
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Where there are three or more companies the reference shall be made to so many arbitrators as there are companies.
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Appointment of arbitrators by companies.
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7. 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.
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Appointment of arbitrators by Board of Trade.
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8. 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.
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Appointment of arbitrators by companies to supply vacancies.
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9. 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.
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Appointment of arbitrators by Board of Trade to supply vacancies.
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10. 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.
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Appointment of arbitrator not revocable.
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11. When any appointment of an arbitrator is made, the company making the appointment shall have no power to revoke the appointment, without the previous consent in writing of the other company, or every other company in writing under their common seal.
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Appointment of umpire by arbitrators.
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12. Where two or more arbitrators are appointed, they shall, before entering on the business of the reference, appoint by writing under their hands an impartial and qualified person to be their umpire.
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Appointment of umpire by Board of Trade.
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13. If the arbitrators do not appoint an umpire within seven days after the reference is made to the arbitrators, then, on the application of the companies, or any of them, the Board of Trade may appoint an umpire; and the umpire so appointed shall for the purposes of this Act be deemed to be appointed by the arbitrators.
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Appointment of umpire by arbitrators to supply vacancy.
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14. Where two or more arbitrators are appointed, if before the matters referred to them are determined their umpire dies, or becomes incapable or unfit, or for seven consecutive days fails to act as umpire, the arbitrators shall by writing under their hands appoint an impartial and qualified person to be their umpire in his place.
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Appointment of umpire by Board of Trade to supply vacancy.
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15. If the arbitrators fail to appoint an umpire within seven days after notice in writing to them of the decease, incapacity, unfitness, or failure to act of their umpire, then, on the application of the companies, or any of them, the Board of Trade may appoint an umpire; and the umpire so appointed shall for the purposes of this Act be deemed to be appointed by the arbitrators so failing.
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Succeeding arbitrators and umpires to have powers of predecessors.
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16. Every arbitrator appointed in the place of a preceding arbitrator, and every umpire appointed in the place of a preceding umpire, shall respectively have the like powers and authorities as his respective predecessor.
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Reference to umpire.
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17. Where there are two or more arbitrators, if they do not, within such a time as the companies agree on, or, failing such agreement, within thirty days next after the reference is made to the arbitrators, agree on their award thereon, then the matters referred to them, or such of those matters as are not then determined, shall stand referred to their umpire.
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Power for arbitrators, &c. to call for books; &c., and administer oaths.
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18. The arbitrator, and the arbitrators, and the umpire respectively may call for the production of any documents or evidence in the possession or power of the companies respectively, or which they respectively can produce, and which the arbitrator, or the arbitrators, or the umpire shall think necessary for determining the matters referred, and may examine the witnesses of the companies respectively on oath, and may administer the requisite oath; and in Scotland may grant diligence for the recovery of the documents or evidence, and for citing witnesses; and on application to the Lord Ordinary he may issue letters of supplement or other necessary writs in support of the diligence.
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Procedure in the arbitration.
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19. Except where and as the companies otherwise agree, the arbitrator, and the arbitrators, and the umpire respectively may proceed in the business of the reference in such manner as he and they respectively shall think fit.
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Arbitration may proceed in absence of companies.
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20. The arbitrator, and the arbitrators, and the umpire respectively may proceed in the absence of all or any of the companies in every case in which, after giving notice in that behalf to the companies respectively, the arbitrator, or the arbitrators, or the umpire shall think fit so to proceed.
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Several awards may be made.
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21. The arbitrator, and the arbitrators, and the umpire respectively may, if he and they respectively think fit, make several awards, each on part of the matters referred, instead of one award on all the matters referred; and every such award on part of the matters shall for such time as shall be stated in the award, the same being such as shall have been specified in the agreement for arbitration, or in the event of no time having been so specified, for any time which the arbitrator may be legally entitled to fix, be binding as to all the matters to which it extends, and as if the matters awarded on were all the matters referred, and that notwithstanding the other matters or any of them be not then or thereafter awarded on.
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Awards made in due time to bind all parties.
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22. The award of the arbitrator, or of the arbitrators, or of the umpire, if made in writing under his or their respective hand or hands, and ready to be delivered to the companies within such a time as the companies agree on, or, failing such agreement, within thirty days next after the matters in difference are referred to (as the case may be) the arbitrator, or the arbitrators, or the umpire, shall be binding and conclusive on all the companies.
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Power for umpire to extend period for making his awards.
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23. Provided always, that (expect where and as the companies otherwise agree) the umpire, from time to time by writing under his hand, may extend the period within which his award is to be made; and if it be made and ready to be delivered within the extended time, it shall be as valid and effectual as if made within the prescribed period.
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Awards not to be set aside for informality.
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24. No award made on any arbitration in accordance with this Act shall be set aside for any irregularity or informality.
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Awards to be obeyed.
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25. Except only so far as the companies bound by any award in accordance with this Act from time to time otherwise agree, all things by every award in accordance with this Act lawfully required to be done, omitted, or suffered, shall be done, omitted, or suffered accordingly.
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Agreements arbitrations, and awards to have effect.
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26. Full effect shall be given by all the Superior Courts of Law and Equity in the United Kingdom, according to their respective jurisdiction, and by the companies respectively, and otherwise, to all agreements, references, arbitrations, and awards in accordance with this Act; and the performance or observance thereof may, where the courts think fit, be compelled by distress infinite on the property of the companies respectively or by any other process against the companies respectively or their respective property that the courts or any judge thereof shall direct . . .
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Costs to be in discretion of arbitrator, &c.;
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27. Except where and as the companies otherwise agree, the costs of and attending the arbitration and the award shall be in the discretion of the arbitrator, and the arbitrators, and the umpire respectively.
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and where not otherwise awarded, to be paid by companies equally, &c.
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28. Except where and as the companies otherwise agree, and if and so far as the award does not otherwise determine, the costs of and attending the arbitration and the award shall be borne and paid by the companies in equal shares; and in other respects the companies shall bear their own respective costs.
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Submission to arbitration may be made a rule of Court, &c.
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29. The submission to any arbitration in accordance with this Act may at any time be made a rule of any of Her Majesty's Superior Courts of Record at Westminster, or, as the case may be, at Dublin, on the application of any party interested; and the Court may remit the matter to the arbitrator, or to the arbitrators, or to the umpire, with any directions the Court think fit.
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