1923_CODE_OF_CIVIL_PROCEDURE — Page 134

CODE OF CIVIL PROCEDURE.

No. 3 of 1901. 1247

were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings accordingly.

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

Appointment in certain

etc.

(a) where a submission provides that the reference shall cases of be to a single arbitrator, and all the parties do not, after arbitrator, differences have arisen, concur in the appointment of an 52 & 53 Vict. 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 intended 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 seven 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.

c. 49, s. 5.

certain cases

543. Where a submission provides that the reference Power for shall be to two arbitrators, one to be appointed by each party, parties in then, unless the submission expresses a contrary intention, to supply : (1) if either of the appointed arbitrators refuses to act, or is incapable 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 seven clear days after the other party, having appointed his arbitrator, has served the party making default

vacancy

among 52 & 53 Vict.

arbitrators.

c. 49, s. 6.