1963-HKRS28-8-30_Part02 — Page 3

When reference is to a single arbitrator.

14 Geo. 6, c. 27, s. 6.

Power of

parties in

cerlain caseE

to supply

VACANCY.

14 Geo. 6, E. 27, s. 7.

Umpires.

14 Geo, 6.

c. 27, a 1.

Arbitrators and Umpires.

Unless a contrary intention is expressed therein, every arbitra-

tion agreement shall, if no other mode of reference is provided, be deemed to include a provision that the reference shall be to a single arbitrator.

9.

Where an arbitration agreement provides that the reference shall be to two arbitrators, one to be appointed by each party, then, unless a contrary intention is expressed thereip-

(a) if either of the appointed arbitrators refuses to act, or is in- capable of acting, or dies, the party who appointed him may appoint a new arbitrator in his place:

(b) if, on such a reference, one party fails to appoint an arbitrator. either originally, or by way of substitution as aforesaid, for seven clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference and bis award shall be binding on both parties as if he had been appointed by consent:

Provided that the Court or a judge thereof may set aside any appointment made in pursuance of this section.

10. (1) Unless a contrary intention is expressed therein, every arbitration agreement shall, where the reference is to two arbitrators, be deemed to include a provision that the two arbitrators shall appoint an umpire immediately after they are themselves appointed.

(2) Unless a contrary intention is expressed therein, every arbitra- tion agreement shall, where such a provision is applicable to the refer- ence, be deemed to include a provision that if the arbitrators have delivered to any party to the arbitration agreement, or to the umpire, a notice in writing stating that they cannot agree, the umpire may forth- with enter on the reference in lieu of the arbitrators.

(3) At any time after the appointment of an umpire, however appointed, the Court may, on the application of any party to the re- ference and notwithstanding anything to the contrary in the arbitration agreement, order that the umpire shall enter upon the reference in lien of the arbitrators and as if he were a sole arbitrator.

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to three

11. (1) Where an arbitration agreement provides that the reference Agreement shall be to three arbitrators, one to be appointed by each party and for reference the third to be appointed by the two appointed by the parties, the arbitrators. agreement shall have effect as if it provided for the appointment of an 14 Geo. 6, umpire, and not for the appointment of a third arbitrator, by the two ~ 27, & 9. arbitrators appointed by the parties.

(2) Where an arbitration agreement provides that the reference shall be to three arbitrators to be appointed otherwise than as men- doned in subsection (1), the award of any two of the arbitrators shall be binding.

12. In any of the following cases-

Power of Court in

certain cases to appoint

an arbitrator

(g) where an arbitration agreement provides that the reference shall be to a single arbitrator, and all the parties do not, after differences have arisen, concur in the appointment of an or ampire. arbitrator:

14 Geo. 6, e. 27, s. 10.

(6) if an appointed arbitrator refuses to act, or is incapable of acting, or dies, and the arbitration agreement does not show that it was intended that the vacancy should not be supplied and the parties do not supply the vacancy;

(c) where the partics or two arbitrators are at liberty to appoint an umpire or third arbitrator and do not appoint him, or where two arbitrators are required to appoint an umpire and do not appoint him:

(d) where an appointed umpire or third arbitrator refuses to act, or is incapable of acting, or dies, and the arbitration agreement does not show that it was intended that the vacancy should not be supplied, and the parties or arbitrators do not supply the vacancy,

any party may serve the other parties or the arbitrators, as the case may be, with a written notice to appoint, or, as the case may be, concur in appointing, an arbitrator, umpire or third arbitrator, and if the appointment is not made within seven clear days after the service of the notice, the Court or a judge thereof may, on application by the party who gave the notice, appoint an arbitrator, umpire or third arbitra- tor who shall bave the like powers to act in the reference and make an award as if he had been appointed by consent of all parties.

refence.

13. Where an arbitration agreement provides that the reference Reference to shall be to an official referee, any official referee to whom application official is made shall, subject to any order of the Court or a judge thereof as 14 Geo. 6. to transfer or otherwise, hear and determine the matters agreed to be e. 27, & 11. referred.