1964_ARBITRATION_ORDINANCE — Page 9

8

Majority award of 3 arbitrators. cf. 1979 c. 42, s. 6(2).

Power of Court in certain cases to appoint an arbitrator or umpire.

1950 c. 27, s. 10.

1979 c. 42,

s. 6(3) & (4).

CAP. 341]

Arbitration

[1982 Ed.

11. Unless the contrary intention is expressed in the arbitra- tion agreement, in any case where there is a reference to 3 arbitrators, the award of any 2 of the arbitrators shall be binding and in the event that no 2 of the arbitrators agree the award, the award of the arbitrator appointed by the arbitrators to be chairman shall be binding.

(Replaced, 10 of 1982, s. 5)

12. (1) In any of the following cases-

(a) where an arbitration agreement provides that the reference shall be to a single arbitrator, and all the parties do not, 64/8910 after differences have arisen, concur in the appointment of

an arbitrator;

rbitrar

(b) 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 parties or 2 arbitrators are required or are at liberty to appoint an umpire or third arbitrator and do not appoint him; (Amended, 10 of 1982, s. 6)

(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 arbitra- tors 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 7 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 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.

(2) In any case where-

(a) an arbitration agreement provides for the appointment of an arbitrator or umpire by a person who is neither one of the parties nor an existing arbitrator (whether the provi- sion applies directly or in default of agreement by the parties or otherwise); and

(b) that person refuses to make the appointment or does not make it within the time specified in the agreement or, if no time is so specified, within a reasonable time,

any party to the agreement may serve the person in question with a written notice to appoint an arbitrator or umpire and, if the appointment is not made within 7 clear days after the service of the