1912_CODE_OF_CIVIL_PROCEDURE — Page 127

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1258

No. 3 of 1901.

Appointment in certain

cases of

arbitrator, etc.

[52 & 53 Vict. c. 49 s. 5.]

Power for parties in

certain cases

to supply

vacancy

among arbitrators. [ib. s. 6.]

CODE OF CIVIL PROCEDURE.

542. (1) In any of the following cases,

(a) where a submission 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 arbitrator;

(b) if an appointed arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intend- ed that the vacancy should not be supplied, and the parties do not supply the vacancy;

(c) where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator and do not appoint him; and

(d) where an appointed umpire or third arbitrator refuses to act, or is incapable of acting, or dies, and the submission 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 an arbitrator, umpire, or third arbitrator.

(2) If the appointment is not made within 7 clear days after the service of the notice, the Court may, on application by the party who gave the notice, appoint an arbitrator, umpire, or third arbitrator, who shall have the like powers to act in the reference and make an award as if he had been appointed by consent of all parties.

543. Where a submission provides that the reference shall be to two arbitrators, one to be appointed by each party, then, unless the submission expresses a contrary intention,--

(1) 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; and

(2) if, on such a reference, one party fails to appoint an arbitrator either originally or by way of substitution as aforesaid, for 7 clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appoint- ment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and his award shall be binding on both parties' as if he had been appointed by

consent :

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