Duchy of Cornwall: Arbitration

(asked on 25th January 2023) - View Source

Question to the HM Treasury:

To ask His Majesty's Government on what occasions, and for what purposes, the Duchy of Cornwall has (1) sought, and (2) been given, approval to start arbitration proceedings under the Duchy of Cornwall Management Act 1863.


Answered by
Baroness Penn Portrait
Baroness Penn
Minister on Leave (Parliamentary Under Secretary of State)
This question was answered on 8th February 2023

The requirement for the Duchy of Cornwall to seek Treasury consent before referring a matter to arbitration are contained in section 18 of the Duchy of Cornwall Act 1863.

This requirement would only arise in very specific and narrow circumstances, where both the Duchy and the counterparty with whom the Duchy has a dispute elect that the matter be settled by arbitration. Treasury consent is not required where the Duchy is otherwise statutorily bound to enter into arbitration proceedings.

Since the start of 2001, His Majesty’s Treasury has received no applications to start arbitration proceedings under the Duchy of Cornwall Management Act 1863. The costs of establishing whether any application was received prior to that date could only be provided at disproportionate cost.

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