Paragraph 75 Arbitration: procedure etc.I1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

sch. 2 para. 8(7) applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 10(1) applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 14 applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 74 applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 75 applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 76 applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 40 applied by 1931 c. 44, s. 14(3) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 80(2)

(1)

This paragraph applies to any arbitration to which a matter is referred by the landlord and small landholder under paragraph 74(1).

(2)

The agreement of the parties to refer the matter to arbitration has the effect of depriving each party of the right to—

(a)

have the matter heard (or any issue in relation to the matter determined) by the Land Court (other than on appeal), and

(b)

agree under paragraph 74(1) to another method of resolving the matter.

(3)

The landlord and landholder are to agree whether the arbitration is conducted by—

(a)

a single arbitrator, or

(b)

two arbitrators (with or without an overseer),

and the arbitrator or, as the case may be, each arbitrator, may be appointed by the parties or by a person nominated by them.

(4)

The procedure to be followed at arbitration (including any matters to be taken into account by the arbitrator and the matters to be contained in the award) are, subject to sub-paragraph (5), to be as the parties agree or, in the absence of such agreement, as the arbitrator considers appropriate.

(5)

Any provision of this schedule that would apply to the Land Court as respects its consideration or determination of any matter had the matter not been referred to arbitration applies as respects the consideration or determination of the matter by arbitration.

(6)

Any party to the arbitration may appeal to the Land Court against the arbitrator’s award on a question of law within 28 days of the award.

(7)

In an appeal under sub-paragraph (6) the Court may—

(a)

quash, confirm or vary the award or any part of it, and

(b)

where the Court quashes the award or any part of it—

(i)

remit the case to the arbitrator for further procedure, and

(ii)

direct the arbitrator on any question of law relevant to the case.

Annotations

Commencement

I1: Sch. 2 para. 75 not in force at Royal Assent, see s. 47(2)