The Gazette 1992

GAZETTE

JUNE 1992

N

should bear a caveat which is reproduced hereunder. The Committee wishes to remind practitioners that all contracts produced by a word processor should bear this warning. This contract shall be read as if it contained unamended the Incorporated Law Society General Conditions of Sale ( )* Edition. Permission to reproduce these conditions has been obtained from the Incorporated Law Society whose copyright in these conditions is acknowledged.

parties shall by agreement so stipulate then the appointment shall be in accordance with such stipulation. In default of such stipulation the arbitrator shall be appointed from among counsel of the Senior Bar of the Republic of Ireland". The Arbitration Committee of the Society has recommended to the Council of the Law Society that members should be asked not to include such forms of arbitration clause in documents prepared by them. It will be noted that the clause in question does not authorise the President to appoint a solicitor as arbitrator. While the Society is anxious to encourage the selection of the President of the Law Society as the appointor of arbitrators, since the Society has administrative procedures in place for the ready appointment of arbitrators, it is felt inappropriate that the President of appointment, from appointing a solicitor to act as arbitrator. It is emphasised that the Society is not seeking to have solicitors exclusively appointed as arbitrators but merely that the President should have an option when exercising his discretion to appoint a solicitor where he believes a solicitor to be the appropriate person. the Law Society should be precluded, when making an General form of Arbitration Clause The Society's recommended form of general arbitration clause is as follows:— All disputes which arise between the parties in connection with this agreement, or the subject matter of this agreement, shall be decided by an arbitrator agreed by the parties or, in default of agreement, appointed by the President for the

Registration of Rights Appurtenant to Registered Land

Practitioners are advised that if they require appurtenant rights to be registered on a folio this can be done by including a request for same when lodging their dealings. The Land Registry would prefer the request to go on a separate Form 17. The fee is £10.00. The Land Registry have recommended that this procedure is not followed in the case of registration of appurtenant rights in respect of houses on housing estates (as huge delays would be caused in registering same). For the convenience of practitioners and colleagues, and to avoid the subsequent necessity of obtaining certified copy instruments, practitioners are advised when making an application for registration of appurtenant rights to lodge a certified copy of the instrument creating the right with the request that it be date stamped and returned by the Land Registry when the dealing is completed, to be placed with the title deeds. This suggestion has been put to the Land Registry and has met with a favourable response. Many practitioners now issue General Conditions of Sale or parts thereof which have been produced by a word processor. The Conveyancing Committee recommends that contracts produced in this way should indicate the edition from which the general conditions are taken so that practitioners who receive these contracts are assured that the most up to date edition is being utilised. A previous recommendation was made by the Committee that these contracts General Conditions of Sale

* insert date of appropriate edition.

Conveyancing

Committee

Freedom for President to choose Arbitrators

It has come to the notice of the Society that in a number of cases, particularly in commercial leases, arbitration clauses are being included which, while providing that the President of the Law Society is to be the appointor of the arbitrator, restrict significantly his powers of choice of arbitrator. A particular example in current use provides "the parties in dispute may stipulate that the arbitrator shall be appointed from:— 1. fellows of the Institute of Chartered Accountants in Ireland; or 2. members of the Irish Auctioneers & Valuers Institute; or

3. members of the Society of Chartered Surveyors in the Republic of Ireland

as may seem appropriate and if the

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