Propose a change

Arbitration Act 1979 (repealed 31.1.1997)

Write the words of this act the way you think they should read. Solon shows your change as a redline against the published text and pins it to that exact text, so it can never be applied to wording you did not see.

Change 1

What to do with it
As published

6 Minor amendments relating to awards and appointment of arbitrators and umpires.

(1) In subsection (1) of section 8 of the principal Act (agreements where reference is to two arbitrators deemed to include provision that the arbitrators shall appoint an umpire immediately after their own appointment)— (a) for the words “shall appoint an umpire immediately”there shall be substituted the words “ may appoint an umpire at any time” ; and (b) at the end there shall be added the words “and shall do so forthwith if they cannot agree”. (2) For section 9 of the principal Act (agreements for reference to three arbitrators) there shall be substituted the following section:— Majority award of three arbitrators. 9 Unless the contrary intention is expressed in the arbitration agreement, in any case where there is a reference to three arbitrators, the award of any two of the arbitrators shall be binding. (3) In section 10 of the principal Act (power of court in certain cases to appoint an arbitrator or umpire) in paragraph (c) after the word “are”, in the first place where it occurs, there shall be inserted the words “required or are” and the words from “or where” to the end of the paragraph shall be omitted. (4) At the end of section 10 of the principal Act there shall be added the following subsection:— (2) In any case where— (a) an arbitration agreement provides for the appointment of an arbitrator or umpire by a person who is neither one of the parties nor an existing arbitrator (whether the provision applies directly or in default of agreement by the parties or otherwise), and (b) that person refuses to make the appointment or does not make it within the time specified in the agreement or, if no time is so specified, within a reasonable time, any party to the agreement may serve the person in question with a written notice to appoint an arbitrator or umpire and, if the appointment is not made within seven clear days after the service of the notice, the High Court or a judge thereof may, on the application of the party who gave the notice, appoint an arbitrator or umpire who shall have the like powers to act in the reference and make an award as if he had been appointed in accordance with the terms of the agreement.

Your change, as a redline

6 Minor amendments relating to awards and appointment of arbitrators and umpires.

(1) In subsection (1) of section 8 of the principal Act (agreements where reference is to two arbitrators deemed to include provision that the arbitrators shall appoint an umpire immediately after their own appointment)— (a) for the words “shall appoint an umpire immediately”there shall be substituted the words “ may appoint an umpire at any time” ; and (b) at the end there shall be added the words “and shall do so forthwith if they cannot agree”. (2) For section 9 of the principal Act (agreements for reference to three arbitrators) there shall be substituted the following section:— Majority award of three arbitrators. 9 Unless the contrary intention is expressed in the arbitration agreement, in any case where there is a reference to three arbitrators, the award of any two of the arbitrators shall be binding. (3) In section 10 of the principal Act (power of court in certain cases to appoint an arbitrator or umpire) in paragraph (c) after the word “are”, in the first place where it occurs, there shall be inserted the words “required or are” and the words from “or where” to the end of the paragraph shall be omitted. (4) At the end of section 10 of the principal Act there shall be added the following subsection:— (2) In any case where— (a) an arbitration agreement provides for the appointment of an arbitrator or umpire by a person who is neither one of the parties nor an existing arbitrator (whether the provision applies directly or in default of agreement by the parties or otherwise), and (b) that person refuses to make the appointment or does not make it within the time specified in the agreement or, if no time is so specified, within a reasonable time, any party to the agreement may serve the person in question with a written notice to appoint an arbitrator or umpire and, if the appointment is not made within seven clear days after the service of the notice, the High Court or a judge thereof may, on the application of the party who gave the notice, appoint an arbitrator or umpire who shall have the like powers to act in the reference and make an award as if he had been appointed in accordance with the terms of the agreement.

One line that says what changes, such as "Halve the dog tax".

Who it helps, what it costs, what it fixes. It is what persuades people to support it.

A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.

Sign in to file your proposal. What you have written stays on this page.

Sign in to file it

Think it through

Ask what your change would do, who would gain and who would bear a cost, and where something like it is already law. The assistant reads your draft as it stands, cites the law and the studies it finds, and takes no side. What you file stays yours.

Questions to start with
Think it through
Legal information from the published text, not advice for your case. Check the sources. Find a law · What the register holds