This paper considers the legal status of a surveyor appointed under section 10 of the Party Wall etc. Act 1996. By reference to that Act as well as to the Arbitration Act 1996, the European Convention and to rules of natural justice it argues that the section 10 procedure is a statutory arbitration. It therefore argues that the appointed surveyor is an arbitrator who must be independent, act impartially, and be immune from suit. It also suggests that surveyors’ awards can be adopted as judgments by the courts and that they can only be appealed against provided the strict appeals criteria of the Arbitration Act are met.
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