§ 12.48 p.m.
§ Sir GEOFFREY ELLISI beg to move, in page 4, line 2, to leave out "an arbitration agreement," and to insert "a reference."
This is simply a drafting Amendment. The Clause gives the court power to remove an arbitrator who is unreasonably slow in doing his work. As the Clause now stands the application to the court is to be made by "any party to an arbitration agreement." If amended as I propose, the application will be made by "any party to a reference." In 1303 ordinary cases this really means the same thing. The parties to the arbitration agreement are the same as the parties to the reference. But the alteration of the language has an importance in the less ordinary cases. As I shall explain later, a good many Clauses of the Bill, including this Clause, are intended to apply and will apply to arbitrations held, not in pursuance of an arbitration agreement, but because some Act of Parliament has provided that certain disputes shall be referred to arbitration. In those cases the expression "party to a reference" has a clear meaning in law, while the expression "party to an arbitration agreement" has not.
§ Amendment agreed to.
§ Clause, as amended, ordered to stand part of the Bill.
§ Clauses 7 to 11 ordered to stand part of the Bill.