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  1. #1541413

    The court or other authority, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties.

    The court or other authority, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties. [GA]

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  2. #932781

    These presents shall be deemed to be a submission to arbitration pursuant to the Common Law Procedure (Ireland) Amendment Act 1856, and any Statue amending or extending the same for the time being in force in Ireland and if the Terminating Company and the Permanent Company shall refuse or neglect to appoint an arbitrator within fourteen days after service upon them of notice in writing requiring them to make such appointment, or if an arbitrator shall not have been appointed by the Participating Companies or nominated by the Secretary for the time being of the Incorporated Law Society of Ireland as the case may be within twenty-one days after service upon the Participating Companies and/or the Secretary for the time being of the Incorporated Law Society of Ireland of notice of the appointment by the Terminating Company and the Permanent Company of an arbitrator, a single arbitrator duly appointed or nominated as aforesaid shall have power to hear and determine the matters in difference as if he were a sole arbitrator appointed by all the parties in difference for that purpose:

    These presents shall be deemed to be a submission to arbitration pursuant to the Common Law Procedure (Ireland) Amendment Act 1856, and any Statue amending or extending the same for the time being in force in Ireland and if the Terminating Company and the Permanent Company shall refuse or neglect to appoint an arbitrator within fourteen days after service upon them of notice in writing requiring them to make such appointment, or if an arbitrator shall not have been appointed by the Participating Companies or nominated by the Secretary for the time being of the Incorporated Law Society of Ireland as the case may be within twenty-one days after service upon the Participating Companies and/or the Secretary for the time being of the Incorporated Law Society of Ireland of notice of the appointment by the Terminating Company and the Permanent Company of an arbitrator, a single arbitrator duly appointed or nominated as aforesaid shall have power to hear and determine the matters in difference as if he were a sole arbitrator appointed by an the parties in difference for that purpose:

    Uimhir 31 de 1938: ACHT ÁRACHAIS (LEASÚ), 1938

  3. #914309

    The decision of such arbitrator shall be final and binding in all respects.

    The decision of such arbitrator shall be final and binding in all respects.

    Uimhir 54 de 1936: ACHT TAISC-IOMAR NA LIFE, 1936

  4. #932782

    AND the award or determination which shall be made by the said arbitrators, arbitrator or umpire, shall be final and binding upon the parties in difference respectively, so as such arbitrators, arbitrator or umpire shall make their or is award in writing within 40 days next after the reference to them or him or on or before any later date to which the said arbitrators or arbitrator by any writing signed by them or him shall enlarge the time for making their or his award, and so as such umpire shall make his award or determination in writing within twenty days next after the original or extended time appointed for making the award of the said arbitrators or arbitrator or umpire, or on or before any later date to which the umpire shall by any writing signed by him enlarge the time for making his award:

    AND the award or determination which shall be made by the said arbitrators, arbitrator or umpire, shall be final and binding upon the parties in difference respectively, so as such arbitrators, arbitrator or Umpire shall make their or his award in writing within 40 days next after the reference to them or him or on or before any later date to which the said arbitrators or arbitrator by any writing signed by them or him shall enlarge the time for making their or his award, and so as such umpire shall make his award or determination in writing within twenty days next after the original or extended time appointed for making the award of the said arbitrators or arbitrator or umpire, or on or before any later date to which the umpire shall by any writing signed by him enlarge the time for making his award:

    Uimhir 31 de 1938: ACHT ÁRACHAIS (LEASÚ), 1938

  5. #932784

    AND also that the respective parties to every such reference, and all persons claiming through them respectively shall submit to be examined by the said arbitrators, arbitrator or umpire upon oath or affirmation in relation to the matters in dispute, and shall produce before the arbitrators, arbitrator or umpire all books, deeds, papers, accounts, writings and documents within the possession or power of the said respective parties which may be required or called for, and do all other things which during the proceedings on the said reference the said arbitrators, arbitrator or umpire may require:

    AND also that the respective parties to every such reference, and all persons claiming through them respectively shall submit to be examined, by the said arbitrators, arbitrator or umpire upon oath or affirmation in relation to the matters in dispute, and shall produce before the arbitrators, arbitrator or umpire all books, deeds, papers, accounts, writings and documents within the possession or power of the said respective parties which may be required or called for, and do all other things which during the proceedings on the said reference the said arbitrators, arbitrator or umpire may require:

    Uimhir 31 de 1938: ACHT ÁRACHAIS (LEASÚ), 1938

  6. #1405209

    “27.—On hearing any such objection, the arbitrator—

    "27.—On bearing any such objection, the arbitrator—

    Uimhir 24 de 1983: AN tACHT SEIRBHÍSÍ POIST AGUS TEILEACHUMARSÁIDE, 1983

  7. #1405212

    In ailt 28 agus 29, in ionad na bhfocal “Board of Trade”, cuirfear an focal “arbitrator”.

    In sections 28 and 29, for the words "Board of Trade" there shall be substituted the word "arbitrator".

    Uimhir 24 de 1983: AN tACHT SEIRBHÍSÍ POIST AGUS TEILEACHUMARSÁIDE, 1983

  8. #1405215

    In alt 33, in ionad na bhfocal “The Board of Trade”, cuirfear na focail “an arbitrator”.

    In section 33, for the words "the Board of Trade" there shall be substituted the words "an arbitrator",

    Uimhir 24 de 1983: AN tACHT SEIRBHÍSÍ POIST AGUS TEILEACHUMARSÁIDE, 1983

  9. #1541327

    (b) “arbitral tribunal” means a sole arbitrator or a panel of arbitrators;

    (b) "arbitral tribunal" means a sole arbitrator or a panel of arbitrators;

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  10. #1541397

    (a) in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator;

    (a) in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator;

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  11. #1541440

    Appointment of substitute arbitrator

    Appointment of substitute arbitrator

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  12. #1541442

    Where the mandate of an arbitrator terminates under article 13 or 14 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.

    Where the mandate of an arbitrator terminates under article 13 or 14 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced. [GA]

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  13. #1541398

    if a party fails to appoint the arbitrator within thirty days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within thirty days of their appointment, the appointment shall be made, upon request of a party, by the court or other authority specified in article 6;

    if a party fails to appoint the arbitrator within thirty days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within thirty days of their appointment, the appointment shall be made, upon request of a party, by the court or other authority specified in article 6;

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  14. #1541400

    (b) in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, he shall be appointed, upon request of a party, by the court or other authority specified in article 6.

    (b) in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, he shall be appointed, upon request of a party, by the court or other authority specified in article 6.

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  15. #1541438

    (2) If, under this article or article 13(2), an arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to in this article or article 12(2).

    (2) If, under this article or article 13(2), an arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to in this article or article 12(2). [GA]

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  16. #932785

    AND that the witnesses on every such reference shall, if the arbitrators, arbitrator or umpire shall think fit, be examined on oath or affirmation:

    AND that the witnesses on every such reference shall, if the arbitrators, arbitrator or umpire shall think fit, be examined on oath or affirmation:

    Uimhir 31 de 1938: ACHT ÁRACHAIS (LEASÚ), 1938

  17. #1405207

    In alt 26, in ionad na bhfocal “such copy of notice of objection, the Board of Trade”, cuirfear na focail “a copy of such notice of objection, the arbitrator”.

    In section 26, for the words "such copy of notice of objection, the Board of Trade" there shall be substituted the words "a copy of such notice of objection, the arbitrator".

    Uimhir 24 de 1983: AN tACHT SEIRBHÍSÍ POIST AGUS TEILEACHUMARSÁIDE, 1983

  18. #1405214

    In the event of disagreement, the matter shall be referred to an arbitrator whose decision shall be final.”.

    In the event of disagreement, the matter shall be referred to an arbitrator whose decision shall be final.".

    Uimhir 24 de 1983: AN tACHT SEIRBHÍSÍ POIST AGUS TEILEACHUMARSÁIDE, 1983

  19. #1405217

    “34.—The reasonable expenses and remuneration of the arbitrator (to be settled in case of difference by the Minister for Posts and Telegraphs) shall be paid by the company.”.

    "34.—The reasonable expenses and remuneration of the arbitrator (to be settled in case of difference by the Minister for Posts and Telegraphs) shall be paid by the company,".

    Uimhir 24 de 1983: AN tACHT SEIRBHÍSÍ POIST AGUS TEILEACHUMARSÁIDE, 1983

  20. #1541391

    (1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.

    (1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  21. #1541393

    (2) The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to the provisions of paragraphs (4) and (5) of this article.

    (2) The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to the provisions of paragraphs (4) and (5) of this article.

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  22. #1541421

    A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made.

    A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made. [GA]

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  23. #1541425

    (1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of paragraph (3) of this article.

    (1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of paragraph (3) of this article.

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  24. #1541428

    Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.

    Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  25. #1541431

    while such a request is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award.

    while such a request is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award. [GA]

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  26. #1541453

    A party is not precluded from raising such a plea by the fact that he has appointed, or participated in the appointment of, an arbitrator.

    A party is not precluded from raising such a plea by the fact that he has appointed, or participated in the appointment of, an arbitrator.

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  27. #1541555

    In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members.

    In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members.

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  28. #1541556

    However, questions of procedure may be decided by a presiding arbitrator, if so authorized by the parties or all members of the arbitral tribunal.

    However, questions of procedure may be decided by a presiding arbitrator, if so authorized by the parties or all members of the arbitral tribunal. [GA]

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  29. #1541567

    (1) The award shall be made in writing and shall be signed by the arbitrator or arbitrators.

    (1) The award shall be made in writing and shall be signed by the arbitrator or arbitrators.

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  30. #1541568

    In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for any omitted signature is stated.

    In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for any omitted signature is stated.

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  31. #1541626

    (ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case;

    (ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case;

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  32. #932786

    AND that the costs and expenses of every such reference and award respectively shall be in the discretion of the arbitrators, arbitrator or umpire who may determine the amount thereof and direct to and by whom and in what manner the same or any part thereof shall be paid, and shall have power to tax or settle the amount of costs and expenses to be so paid or any part thereof, and to award costs to be paid as between solicitor and client, or as between party and party:

    AND that the costs and expenses of every such reference and award respectively shall be in the discretion of the arbitrators, arbitrator or umpire who may determine the amount thereof and direct to and by whom and in what manner the same or any part thereof shall be paid, and shall have power to tax or settle the amount of costs and expenses to be so paid or any part thereof, and to award costs to be paid as between solicitor and client or as between party and party:

    Uimhir 31 de 1938: ACHT ÁRACHAIS (LEASÚ), 1938

  33. #932787

    AND upon every or any such reference the arbitrators, arbitrator or umpire shall respectively have power to take the opinion of counsel upon any question of law that may arise, and at their or his discretion to adopt any opinion so taken, and to obtain the assistance of such accountant, surveyor, valuer or other expert as they or he may think fit, and to act upon any statement of accounts, survey, valuation, or expert assistance thus obtained.

    AND upon every or any such reference the arbitrators, arbitrator or umpire shall respectively have power to take the opinion of counsel upon any question of law that may arise, and at their or his discretion to adopt any opinion so taken, and to obtain the assistance of such accountant, surveyor, valuer or other expert as they or he may think fit, and to act upon any statement of accounts, survey, valuation, or expert assistance thus obtained.

    Uimhir 31 de 1938: ACHT ÁRACHAIS (LEASÚ), 1938

  34. #1405206

    “24.— At any time during the next twenty-one days after the publication of a notice under section 21 of this Act or after the last publication of a notice under section 23 of this Act, the owner, lessee or occupier of any land or building affected may give to the company notice of his objection to their intended works as prejudicially affecting such land or building and, if the company and the objector are unable to resolve the matter, the company shall refer it to the arbitrator.”.

    "24.—At any time during the next twenty-one days after the publication of a notice under section 21 of this Act or after the last publication of a notice under section 23 of this Act, the owner, lessee or occupier of any land or building affected may give to the company notice of his objection to their intended works as prejudicially affecting such land or building and, if the company and the objector are unable to resolve the matter, the company shall refer it to the arbitrator.".

    Uimhir 24 de 1983: AN tACHT SEIRBHÍSÍ POIST AGUS TEILEACHUMARSÁIDE, 1983

  35. #1405210

    (1) may if he sees fit award to the owner, lessee or occupier of the property affected full compensation (the amount thereof to be determined, in the case of difference, by the arbitrator) for any damage done to him, or

    (1) may if he sees fit award to the owner, lessee or occupier of the property affected full compensation (the amount thereof to be determined, in the case of difference, by the arbitrator) for any damage done to him, or

    Uimhir 24 de 1983: AN tACHT SEIRBHÍSÍ POIST AGUS TEILEACHUMARSÁIDE, 1983

  36. #1541417

    (1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence.

    (1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence.

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  37. #1541418

    An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties unless they have already been informed of them by him.

    An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties unless they have already been informed of them by him.

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  38. #1541420

    (2) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties.

    (2) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties.

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  39. #1541427

    (2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstance referred to in article 12(2), send a written statement of the reasons for the challenge to the arbitral tribunal.

    (2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstance referred to in article 12(2), send a written statement of the reasons for the challenge to the arbitral tribunal.

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  40. #1541435

    (1) If an arbitrator becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay, his mandate terminates if he withdraws from his office or if the parties agree on the termination.

    (1) If an arbitrator becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay, his mandate terminates if he withdraws from his office or if the parties agree on the termination.

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  41. #1541665

    (ii) the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case;

    (ii) the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case;

    Uimhir 14 de 1998: AN tACHT EADRÁNA (TRÁCHTÁIL IDIRNÁISIÚNTA), 1998

  42. #932780

    touching these presents or any clause or thing herein contained or the construction meaning or effect hereof or as to any matter in any way connected with or arising out of these presents or the operation thereof or the rights, duties, or liabilities of any party under these presents or otherwise in connection with or in relation to the premises, then every such question dispute or 2N difference shall in default of agreement to the contrary be referred to the arbitration and final award of two arbitrators (of whom one shall be appointed by the Terminating Company and the Permanent Company jointly and the other shall be such person as may be appointed as arbitrator by the Participating Companies, or by such of them as shall not have ceased to exist, or in default of such appointment within fourteen days after service upon them of notice by one of the parties in difference that a particular difference has arisen, or if none of the Participating Companies shall continue to exist, of a person to be nominated on the request of any party to the difference by the Secretary for the time being of the Incorporated Law Society of Ireland) or an umpire to be appointed by the arbitrators in writing before entering on the business of the reference or in default of agreement to be appointed by the Secretary for the time being of the Incorporated Law Society of Ireland.

    touching these presents or any clause or thing herein contained or the construction meaning or effect hereof or as to any matter in any way connected with or arising out of these presents or the operation thereof or the rights, duties, or liabilities of any party under these presents or otherwise in connection with or in relation to the premises, then every such question dispute or difference shall in default of agreement to the contrary be referred to the arbitration and final award of two arbitrators (of whom one shall be appointed by the Terminating Company and the Permanent Company jointly and the other shall be such person as may be appointed as arbitrator by the Participating Companies, or by such of them as shall not have ceased to exist, or in default of such appointment within fourteen days after service upon them of notice by one of the parties in difference that a particular difference has arisen, or if none of the Participating Companies shall continue to exist, of a person to be nominated on the request of any party to the difference by the Secretary for the time being of the Incorporated Law Society of Ireland) or an umpire to be appointed by the arbitrators in writing before entering on the business of the reference or in default of agreement to be appointed by the Secretary for the time being of the Incorporated Law Society of Ireland.

    Uimhir 31 de 1938: ACHT ÁRACHAIS (LEASÚ), 1938