Commentary on provisions of the Act Miscellaneous and general Section 64: Arbitration
Section 64 provides how disputes which are to be determined under the Act by arbitration are to be dealt with. Subsection (1) provides that such arbitration shall be settled by a single arbitrator to be agreed between the parties or, where the parties cannot agree, by a person appointed by the President of the Institute of Civil Engineers (the ICE).
	However, it is accepted that in some cases, notably where the dispute involves railway industry matters, it may not be appropriate for an arbitrator to be appointed by the President of the ICE. If the President should decline to make an appointment, then subsection (3) makes provision that such an arbitrator may be appointed by the Office of Rail and Road (ORR).
	Subsection (4) provides that a member or employee of the ORR may be appointed as an arbitrator in the circumstances set out in subsection (3).
	Subsection (5) enables the Secretaries of State for Transport and Communities and Local Government, acting jointly, to make procedural rules governing arbitration. Such rules will be made by statutory instrument which can be annulled by a resolution of either House of Parliament.