1907.] Agricultural Arbitration. 



141 



AGRICULTURAL ARBITRATION IN SCOTLAND. 

 Isaac Connell, S.S.C. 



In view of the provisions of the Agricultural Holdings Act, 

 1906, agricultural arbitrations are likely to be more numerous 

 in future than hitherto, and as the largeness of the expenses 

 attending these arbitrations has been one of the main grounds 

 of objecting to them, the question naturally arises, can anything 

 be done towards keeping these expenses within more reasonable 

 limits ? A considerable experience in connection with arbitra- 

 tions has suggested the following observations on that subject 

 and also on the manner in which arbiters are wont to deal with 

 questions regarding expenses generally.* 



To some extent the ground of objection referred to was 

 removed by the passing of the Agricultural Holdings (Scotland) 

 Act, 1889 (now repealed), which put it in the power of either 

 party (landlord or tenant) to have the arbitration conducted 

 by a single arbiter, thus saving the fees of a second arbiter and 

 an oversman. The Agricultural Holdings Act, 1906, goes a 

 step further, by rendering it compulsory in all cases to have 

 only a single arbiter. So far there has been progress in the 

 direction of economy. 



It is notorious, however, that a very large — frequently a too 

 large — proportion of the expenses consists of the fees and out- 

 lays payable to the clerk in the arbitration, which sometimes 

 exceed the amount payable to the arbiters. 



Almost the first step taken by some arbiters on appointment 

 is to appoint a solicitor as clerk and leave him to conduct the 

 whole procedure in its least as well as in its most important 

 detail. The clerk conducts all the correspondence, attends at 

 hearings, and even accompanies the arbiters at the inspection 

 of the farm. Is this course, which invariably leads to great 

 expense, really necessary ? I do not think so, at all events at 

 so early a stage. 



In many cases the arbiter ought to be able to do the whole 

 work without the assistance of a clerk, and some arbiters rather 

 pride themselves in following this course. In very few cases 



* These observations are made solely with reference to practice in Scotland, 

 although they may be found to have some application in England as well. 



