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(1)

ANNO DUODECIMO

GEORGII V REGIS.

A.D. 1921.

************************************************************

No. 1462.

An Act to amend

th~

Arbitration Act,

1891.

. [Assented to, October 5th, I92I.J

B

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

1. (1) This Act may be cited alone as the" Arbitration Act Short titles.

Amendment Act, 1921."

(2) The Arbitration Act, 1891, and this Act may be cited No. 510 of 1891.

together as the" Arbitration Acts, 1891 and 1921."

2.

This Act is incorporated with the Arbitration Act, 1891, and Incorporation with ArbitrationAct, 1891.

that Act and this Act shall be read together as one Act.

3. The A rbil ration Act, 1891, is amended by inserting after Insertion of new section after 8. 5 of

section 5 thereof the following section: - Arbitration Act, 1891.

5A \ 1) Where a submission provides that the reference shall be to three arbitrators, one to be appoin ted by each party and the third to be appointed by the two appointed by the parties, then, unless the submission expresses a contrary intention--

Power as to appoint- ment of arbitrators where submission provides for three arbitrators.

Cf. 10 and 11 Goo. 5, (a) If oIle party fails to appoint an arbitrator for sewn clear c. 81, 8. 16.

days after the other party, having appointed his arbitrator, has served the party making default with

1462

notice to make the appoiutmellt, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and the award of the arbitrator so appointed shall be binding

011 both parties as if he had been appointed by consent:

(2)

12°

GEORGII V, No.

1462 •

.Arbitration Act Amendment Act.-1921.

(b) Hafter each party has appointed an arbitrator the two arbitrators 8.1>pointed fail to appoint a third arbitrator within seven clear days after the service by either party of a notice upon them to make the appointment.

the Court or a Judge may, on an application by the party who gave the notice, exercise in the place of the two arbitrators the power of appointing the third arbitrator:

(0) H an arbitrator, appointed either by one of the parties, by the two arbitrator~ or by the COUl't or a Judge, refuses to act, 01' is incapable of acting, or dies, a new arbitrator may be appointed in his place by the party, al'bitrators, or Court or Judge, as the case

may be. .

(2) The Court or a Judge may set aside any appointment of a person to act as sole arbitrator made in pursuance of this section.

In the name and on behalf of His Majesty, I hereby llssent to this Bill.

W. E. G. A. WEIGALL, Governor.

Adelaide: n.v authority, R. E. E. RoOEHS, Goyernment Printer, North 'fcrrace.

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