Section 31 Arbitration.

England, Wales and Scotland

(1)

Any matter which under this Act is to be determined by arbitration shall be referred to the arbitration of a single F1arbitratorarbiter appointed by agreement between the parties concerned, or, in default of agreement, by the F2President of the Institution of Civil Engineerssheriff.

F3(1A)

In any arbitration in accordance with the provisions of subsection (1) of this section the arbiter may, and if so directed by the Court of Session shall, state a case for the decision of the Court on any question of law arising in the arbitration; and the decision of the Court thereon shall be final unless the Court or the House of Lords give leave to appeal to the House of Lords against the decision.

(1B)

Leave under subsection (1A) above may be given on such terms as to expenses or otherwise as the Court or House of Lords may determine.

(2)

Where, on a claim under any provision of this Act which confers in any circumstances a right to payment of an amount equal to cost reasonably incurred in respect of any matter, any question arises whether the cost in respect of which the claim is made was in fact incurred or was incurred in those circumstances or in respect of that matter, or as to the amount of any cost so incurred, or whether any cost so incurred was reasonably incurred, that question shall be determined by arbitration:

Provided that this subsection shall not apply to a claim under the provisions as to compensation or indemnity of section eighteen, nineteen or twenty-six of this Act.

Annotations

Textual amendments

F1: Word “arbiter” substituted (S.) for word “arbitrator” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(26)(a)(i)
F2: Word “sheriff” substituted (S.) for words “President of the Institution of Civil Engineers” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(26)(a)(ii)
F3: S. 31(1A)(1B) inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(26)(b)

Notes on the whole Act

Textual amendments

F1: Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984, art. 2(2), Sch.2; (S.) S.I. 1992/2990, art. 2(2), Sch.2.
F2: Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch.9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984, art. 2(2), Sch.2; (S.) S.I. 1992/2990, art. 2(2), Sch.2.