Pat Rabbitte (Dublin South West, Labour)

Amendment No. 8 seeks to insert a new subsection to provide for situations where subsections (1) to (5) of section 22 would not apply where the arbitrator sought to be made liable is shown to have acted in bad faith.. This allows for liability of the arbitrator if he or she acts in bad faith. It is very much along the lines of the law in the United Kingdom. I tabled this amendment at the behest of the Chartered Institute of Arbitrators Irish branch who feel it is appropriate. I have reworded the amendment since I introduced it on Committee Stage. It is necessary to make an express provision on somebody acting in bad faith. I would like to hear what the Minister has to say on this issue.

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