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ARBITRATION ACT (NORTHERN IRELAND) 1937

ARBITRATION ACT (NORTHERN IRELAND) 1937 - LONG TITLE

An Act to amend the law relating to arbitrations, and to make
provision for other matters connected therewith.{1} [7th July 1937] 6
References under Arbitration Agreements >Provisions as to arbitration
agreements and references thereunder. A > 1. {2}(1) A reference
under an arbitration agreement shall, unless a contrary intention is
expressed therein, be irrevocable, except by leave of the court, and
shall have the same effect in all respects as if it had been made
an order of court. B>(2) An arbitration agreement shall, unless a
contrary intention is expressed therein, be deemed to include the
provisions set forth in the First Schedule to this Act, so far as
they are applicable to the reference under the agreement.
>Arbitration agreement not to be discharged by death of party
thereto. A> 2. (1) An arbitration agreement shall not be discharged
by the death of any party thereto, either as respects the deceased
or any other party, but shall in such an event be enforceable by
or against the personal representative of the deceased. B>(2) The
authority of an arbitrator shall not be revoked by the death of
any party by whom he was appointed. >Provisions in case of
bankruptcy. A> 3. (1) Where an arbitration agreement forms part of
a contract to which a bankrupt is a party, the said agreement
shall, if the assignee or the trustee in bankruptcy does not
disclaim the contract, be enforceable by or against him so far as
it relates to any difference arising out of, or in connection with,
such contract. B>(2) Where a person who has been adjudged bankrupt
had before the commencement of the bankruptcy become a party to an
arbitration agreement and any matter to which the agreement applies
requires to be determined in connection with or for the purposes of
the bankruptcy proceedings, then, if the case is one to which
sub-section (1) of this section does not apply, any other party to
the agreement or the assignee, or, with the consent of the
committee of inspection, the trustee in bankruptcy, may apply to the
court having jurisdiction in the bankruptcy proceedings for an order
directing that the matter in question shall be referred to
arbitration in accordance with the agreement, and that court may, if
it is of opinion that, having regard to all the circumstances of
the case, the matter ought to be determined by arbitration, make an
order accordingly. >Power to stay proceedings. A> 4. {3} If any
party to an arbitration agreement, or any person claiming through or
under him, commences any proceedings in any court against any other
party to the agreement, or any person claiming through or under
him, in respect of any matter agreed to be referred, any party to
such proceedings may at any time after appearance, and before
delivering any pleadings or taking any other steps in the
proceedings, apply to that court to stay the proceedings, and that
court, if satisfied that there is no sufficient reason why the
matter should not be referred in accordance with the agreement, and
that the applicant was, at the time when the proceedings were
commenced, and still remains, ready and willing to do all things
necessary to the proper conduct of the arbitration, may make an
order staying the proceedings. 6 Provisions as to Arbitrators and
Umpires under Arbitration Agreements >Power for the court in certain
cases to appoint an arbitrator, umpire or third arbitrator. A > 5.
In any of the following cases, namely: C >>( a ) where an
arbitration agreement provides that the reference shall be to a
single arbitrator, and all the parties do not after differences have
arisen concur in the appointment of an arbitrator; C >>( b ) if
an appointed arbitrator refuses to act, or is incapable of acting,
or dies, and the arbitration agreement or the reference under the
agreement does not show that it was intended that the vacancy
should not be supplied, and the parties do not supply the vacancy;
C >>( c ) where the parties or two arbitrators are at liberty to
appoint an umpire or third arbitrator, or where two arbitrators are
required to appoint an umpire, and do not appoint him; C >>( d )
where an appointed umpire or third arbitrator refuses to act, or is
incapable of acting, or dies, and the arbitration agreement or the
reference under the agreement does not show that it was intended
that the vacancy should not be supplied, and the parties or
arbitrators do not supply the vacancy; Bany party may serve the
other parties or the arbitrators, as the case may be, with a
written notice that in default of concurrence in appointing an
arbitrator, umpire or third arbitrator, as the case may be, an
application will be made to the court under this section. B>If the
appointment is not made within seven days after the day of service
of the notice, the court may, on application by the party who gave
the notice, appoint an arbitrator, umpire, or third arbitrator, who
shall have the like powers to act in the reference and make an
award as if he had been appointed by consent of all parties.
>Power of parties in certain cases to supply vacancy. A> 6. Where
an arbitration agreement provides that the reference shall be to two
arbitrators, one to be appointed by each party, then, unless the
agreement expresses a contrary intention C >>( a ) if either of
the appointed arbitrators refuses to act, or is incapable of acting,
or dies, the party who appointed him may appoint a new arbitrator
in his place; C >>( b ) if, on such a reference, one party fails
to appoint an arbitrator, either originally or by way of
substitution as aforesaid, for seven clear days after the other
party, having appointed his arbitrator, has served the party making
default with notice to make the appointment, the party who has
appointed an arbitrator may appoint that arbitrator to act as sole
arbitrator in the reference, and his award shall be binding on both
parties as if he had been appointed by consent: B>Provided that the
court may set aside any appointment made in pursuance of paragraph
( b ) of this section. >Power of court to remove arbitrator or
umpire and to set aside award. A> 7. (1) Where an arbitrator or
umpire has misconducted himself or the proceedings, the court may
remove him. B>(2) Where an arbitrator or umpire has misconducted
himself or the proceedings, or an arbitration or award has been
improperly procured, the court may set aside the award. >Removal of
arbitrator or umpire on failure to use due dispatch. A> 8. (1) The
court may, on the application of any party to a reference under an
arbitration agreement, remove an arbitrator or umpire who fails to
use all reasonable dispatch in entering on and proceeding with the
reference and making an award. B>(2) An arbitrator or umpire who is
removed by the court under this section shall not be entitled to
receive any remuneration in respect of his services. B>(3) For the
purposes of this section the expression ""proceeding with a
reference'' includes, in a case where two arbitrators are unable to
agree, giving notice of that fact to the parties and to the
umpire. >Provisions as to time for making an award. A> 9. (1)
Subject to the provisions of section fifteen of this Act and to
anything to the contrary in the arbitration agreement, an arbitrator
or umpire shall have power to make an award at any time. B>(2)
Where an arbitration agreement provides that the award shall be
delivered within a certain time, or where an award has been
remitted under the provisions of section fifteen of this Act, the
time for making the award may from time to time be enlarged by
order of the court whether the time for making the award has
expired or not. >Power of court to give relief where arbitrator is
not impartial or dispute referred involves question of fraud. A> 10.
(1) Where an agreement between any parties provides that disputes
which may arise in the future between them shall be referred to an
arbitrator named or designated in the agreement, and after a dispute
has arisen any party applies, on the ground that the arbitrator so
named or designated is not or may not be impartia
[{11} Article 71 of the Solicitors (Northern Ireland) Order 1976|],
which empowers a court before which any proceeding has been heard
or is depending to charge property recovered or preserved in the
proceeding with the payment of solicitors' costs, shall apply as if
an arbitration were a proceeding in the court, and the court may
make declarations and orders accordingly. >Additional powers to compel
attendance of witnesses. A> 24. (1) The court may order that a
writ of subpoena ad testificandum or of subpoena duces tecum shall
issue to compel the attendance of a witness before any referee,
arbitrator or umpire. B>(2) The court may also order that a writ
of habeas corpus ad testificandum shall issue to bring up a
prisoner for examination before any referee, arbitrator or umpire.
N>> S.25 rep. by SLR 1980. S.26 rep. by 1946 c.13 (NI) s.16(3)
sch. >Saving for pending arbitrations. A> 27 . Subject as
hereinafter provided, the provisions of this Act shall not affect
any arbitration which has been commenced within the meaning of
section nineteen of this Act before the date on which this Act
comes into operation, but shall apply to any arbitration so
commenced after the said date under an arbitration agreement made
before the said date. >Application of Act to statutory arbitrations.
A> 28. This Act{12}, except the provisions thereof set out in the
Third Schedule to this Act, shall apply in relation to every
arbitration under any other Act passed before or after the
commencement of this Act, as if the arbitration were pursuant to an
arbitration agreement and as if that other Act were an arbitration
agreement, except in so far as this Act is inconsistent with that
other Act or with any rules or procedure authorised or recognised
thereby. 6 Supplemental Excl., 1919 c.69 s.3(3); 1949 c.39 s.8(2);
1962 c.46 ss.74(6)( f ), 81(7) sch.7 Pt. IV; 1965 c.2 (NI)
s.4(10); 1966 c.41 s.3(2); 1968 c.12 (NI) s.3 sch.; 1970 c.31 (NI)
s.71(3); 1976 NI 16 arts.59(9), 77; 1978 NI 9 art.41(1) sch.4 <<<$$#

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1937

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1937 -
LONG TITLE

An Act to establish a real representative; to amend the law
relating to the capacity, property and liabilities of married women,
and the liabilities of husbands; to amend the law as to the effect
of death in relation to causes of action; and to amend the law
relating to proceedings against, and contribution between,
tort-feasors, and as to the awarding of interest in civil
proceedings; and for purposes connected with the matters aforesaid.
[7th July 1937]
Part I (ss.1-8) rep. (exc. as to deaths after 6.7.1937 and before
1.1.1956) by 1955 c.24 (NI) s.46 sch.3

Capacity of married women.

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1937 -
SECT 9

9. Subject to the provisions of this Part of this Act,..., a
married woman shall

(a)be capable of acquiring, holding, and disposing of, any property;
and

(b)be capable of rendering herself, and being rendered, liable in
respect of any tort, contract, debt or obligation; and

(c)be capable of suing and being sued, either in tort or in
contract or otherwise; and

(d)be subject to the law relating to bankruptcy and to the
enforcement of judgments and orders,

Property of married women.

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1937 -
SECT 10

10.(1) Subject to the provisions of this Part of this Act, all
property which

(a)immediately before the commencement of this Act was the separate
property of a married woman or held for her separate use in
equity; or

(b)belongs at the time of her marriage to a woman married after
the commencement of this Act; or

(c)after the commencement of this Act is acquired by or devolves
upon a married woman,

Proviso rep. by 1952 c.19 (NI) s.1(4) sch.2. Subs.(2)(3) rep. by
1952 c.19 (NI) s.1(4) sch.2

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1937 -
SECT 11
Abolition of husband's liability for wife's torts and ante- nuptial
contracts, debts and obligations.

11. Subject to the provisions of this Part of this Act, the
husband of a married woman shall not, by reason only of his being
her husband, be liable

(a)in respect of any tort committed by her whether before or after
the marriage, or in respect of any contract entered into, or debt
or obligation incurred, by her before the marriage; or

(b)to be sued, or made a party to any legal proceeding brought in
respect of any such tort, contract, debt or obligation.

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1937 -
SECT 12
Savings.

12.(1) Nothing in this Part of this Act shall

Para.(a) rep. by SLR 1976; para. (b) spent

(c)enable any judgment or order against a married woman in respect
of a contract entered into, or debt or obligation incurred, before
the commencement of this Act, to be enforced in bankruptcy or to
be enforced otherwise than against her property.

(2) For the avoidance of doubt it is hereby declared that nothing
in this Part of this Act

(a)renders the husband of a married woman liable in respect of any
contract entered into, or debt or obligation incurred, by her after
the marriage in respect of which he would not have been liable if
this Act had not been passed;

(b)exempts the husband of a married woman from liability in respect
of any contract entered into, or debt or obligation (not being a
debt or obligation arising out of the commission of a tort)
incurred, by her after the marriage in respect of which he would
have been liable if this Act had not been passed;

(c)prevents a husband and wife from acquiring, holding and disposing
of, any property jointly or as tenants in common, or from rendering
themselves, or being rendered, jointly liable in respect of any
tort, contract, debt or obligation, and of suing and being sued
either in tort or in contract or otherwise, in like manner as if
they were not married;

(d)prevents the exercise of any joint power given to a husband and
wife.

S.13(1), with First Schedule, effects amendments; subs.(2) rep. by
SLR (NI) 1952

Effect of death on certain causes of action.

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1937 -
SECT 14

14.(1) Subject to the provisions of this section, on the death of
any person after the commencement of this Act all causes of action
subsisting against or vested in him shall survive against, or, as
the case may be, for the benefit of, his estate:

Provided that this sub-section shall not apply to causes of action
for defamation or seduction....

(2) Where a cause of action survives as aforesaid for the benefit
of the estate of a deceased person, the damages recoverable for the
benefit of the estate of that person

(a)shall not include any exemplary damages;

(b)in the case of a breach of promise to marry shall be limited
to such damage, if any, to the estate of that person as flows
from the breach of promise to marry;

(c)where the death of that person has been caused by the act or
omission which gives rise to the cause of action, shall be
calculated without reference to any loss or gain to his estate
consequent on his death, except that a sum in respect of funeral
expenses may be included.

Subs.(3) rep. by 1954 c.26 (NI) s.9(2) sch.; 1958 c.10 (NI) s.75
sch.

(4) Where damage has been suffered by reason of any act or
omission in respect of which a cause of action would have subsisted
against any person if that person had not died before or at the
same time as the damage was suffered, there shall be deemed, for
the purposes of this Part of this Act, to have been subsisting
against him before his death such cause of action in respect of
that act or omission as would have subsisted if he had died after
the damage was suffered.

(5) The rights conferred by this Part of this Act for the benefit
of the estate of deceased persons shall be in addition to, and not
in derogation of, any rights conferred on the dependents of deceased
persons by [ the Fatal Accidents (Northern Ireland) Order 1977], and
so much of this Part of this Act as relates to causes of action
against the estates of deceased persons shall apply in relation to
causes of action under [ that Order] as it applies in relation to
other causes of action not excepted from the operation of
sub-section (1) of this section.

(6) In the event of the insolvency of an estate against which
proceedings are maintainable by virtue of this section, any liability
in respect of the cause of action in respect of which the
proceedings are maintainable shall be deemed to be a debt provable
in the administration of the estate, notwithstanding that it is a
demand in the nature of unliquidated damages arising otherwise than
by a contract or promise.

(7) Section seventeen of the Motor Vehicles and Road Traffic Act
(Northern Ireland), 1934, is hereby repealed, but without prejudice
to any proceedings taken under the said section and pending at the
date on which this section comes into operation; and any provision
in any enactment which is inconsistent with this section is hereby
repealed.

S.15 rep. by 1959 c.18 (NI) s.3(3) sch.; 1977 NI18 art.8(2) sch.2

S. 16 rep. by 1978 c.47 s.9(2) sch.2

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1937 -
SECT 17
Power of courts of record to award interest on debts and damages.

17.(1) In any proceedings tried in any court of record for the
recovery of any debt or damages, the court may, if it thinks fit,
order that there shall be included in the sum for which judgment
is given, interest at such rate as it thinks fit on the whole or
any part of the debt or damages for the whole or any part of the
period between the date when the cause of action arose and the
date of judgment:

Provided that nothing in this section:

(a)shall authorise the giving of interest upon interest; or

(b)shall apply in relation to any debt upon which interest is
payable as of right whether by virtue of any agreement or
otherwise; or

(c)shall affect the damages recoverable for the dishonour of a bill
of exchange.

Subs.(2) rep. by SLR (NI) 1953

S.18 rep. by 1962 c.30 s.7(9) sch.1 Pt.I; 1978 c.23 s.122(2) sch.7
Pt.II

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1937 -
SECT 19
Interpretation.

19.(1) In this Act, unless the context otherwise requires, the
following expressions have the meanings hereby assigned to them, that
is to say:

"Court" means the High Court, and includes the county court in
cases within the jurisdiction of that court:

Definitions rep. by 1962 c.30 s.7(9) sch.1 Pt.I; SLR 1976

Subs.(2) rep. by 1954 c.33 (NI) s.48(1) sch.

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1937 -
SECT 20
Short title.

20.(1) This Act may be cited as the Law Reform (Miscellaneous
Provisions) Act (Northern Ireland), 1937.

Subs.(2) rep. by SLR (NI) 1952

First ScheduleAmendments. Second Schedule rep. by SLR (NI) 1952