Agricultural Holdings (Scotland) Act 1923 (c. 10)
1923 c. 10 - continued

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Sections 16, 17, 18.  
        1.      Aperson agreed upon between the parties, or in default of agreement nominated by the Board on the application in writing of either the parites shall be appointed arbiter.
        2.      If a person appointed arbiter dies, or is incapable of acting, or for seven days after notice from either party requir­ing him to act, fails to act, a new arbiter may be appointed as if no arbiter had been appointed.
        3.      Neither party shall have power to revoke the appoint­ment of the arbiter without the consent of the other party.
        4.      Every appointment, notice, revocation, and consent under this part of these rules must be in writing.
        5.      The arbiter shall make and sign his award within twenty-eight days of his appointment or within such longer period as the Board may (whether the time for making the award has expired or not) direct.
        6.      Where an arbiter has misconducted himself the sheriff may remove him.
        7.      The parties to the arbitration, and all persons claiming through them respectively, shall, subject to any legal objection, stibmit to be examined by the arbiter on oath or affirmation in relation to the matters in dispute, and shall, subject as aforesaid, produce before the arbiter all samples, books, deeds, papers, accounts, writings, and doctiments, within their possession or power respectively which may be required or called for, and do all other things which during the proceedings the arbiter may require.
        8.      The arbiter shall have power to administer oaths, and to take the affirmation of parties and witnesses appearing, and witnesses shall, if the arbiter thinks fit, be examined on oath or affirmation.
        9.      The arbiter may at any stage of the proceedings, and shall, if so directed by the sheriff (which direction may be given on the application of either party), state in the form of a special case for the opinion of the sheriff any question of law arising in the course of the arbitration.
        10.      The arbiter shall, on the application of either party, specify the amount awarded in respect of any particular improvement or any particular matter the subject of the award and the award shall fix a day not later than one month after the delivery of the award for the payment of the money awarded as compen­sation, expenses, or otherwise, and shall be in such form as may be prescribed by the Board. .
        11.      The award to be made by the arbiter shall be final and binding on the parties and the persons claiming under them respectively.
        12.      The arbiter may correct in an award any clerical mistake or error arising from any accidental slip or omission.
        13.      When an arbiter has misconducted himself, or an arbitration or award has been improperly procured, the sheriff may set the award aside.
        14.      The expenses of and incidental to the arbitration and award shall be in the discretion of the arbiter, who may direct to and by whom and in what manner those expenses or any part thereof are to be paid, and the expenses shall be subject to taxation by the auditor of the sheriff court on the application of either party, but that taxation shall be subject to review by the sheriff.
        15.      The arbiter shall, in awarding expenses, take into con­sideration the reasonableness or unreasonableness of the claim of either party, either in respect of amount or otherwise, and any unreasonable demand for particulars or refusal to supply particulars, and generally all the circumstances of the case, and may disallow the expenses of any witness whom he considers to have been called unnecessarily and any other expenses which he considers to have been incurred unnecessarily.
        16.      Any forms for proceedings in arbitrations under this Act which may be prescribed by the Board shall, if used, be sufficient.
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Crown copyright 1923