the-ordinances-of-the-legislative-counci-1890 — Page 346

310 ORDINANCE No. 6 OF 1855 .


Common Law Procedure.


and the parties do not concur in appointing a new one ; or if where the
parties or two arbitrators are at liberty to appoint an umpire or third ar
bitrator, such parties or arbitrators do not appoint an umpire or third
arbitrator ; or if any appointed umpire or third arbitrator refuse to act , or
become incapable of acting, or die, and the terms of the document author
izing the reference do not shew that it was intended that such a vacancy
should not be supplied , and the parties or arbitrators respectively do not
appoint a new one ; then in every such instance, any party may serve
the remaining parties or the arbitrators, as the case may be, with a
written notice to appoint an arbitrator, umpire, or third arbitrator respect
ively ; and if within seven clear days after such notice shall have been
served, no arbitrator, umpire, or third arbitrator be appointed , it shall be
lawful for the Court, upon summons to be taken out by the party having
served such notice as aforesaid , to appoint an arbitrator, umpire, or third
arbitrator, as the case may be, and such arbitrator, umpire, and third
arbitrator respectively shall have the like power to act in the reference and
make an award as if he had been appointed by consent of all parties.

When 12. When the reference is , or is intended to be, to two arbitrators ,
reference is
to two arbi one appointed by each party, it shall be lawful for either party, in the case
trators, and
one party fail of the death, refusal to act, or incapacity of any arbitrator appointed by
to appoint,
other party him , to substitute a new arbitrator, unless the document authorizing the
may appoint
arbitrator to reference show that it was intended that the vacancy should not be supplied ;
act alone.
and if on such a reference one party fail to appoint an arbitrator, either
originally or by way of substitution as aforesaid , for seven clear days after
the other party shall have appointed an arbitrator, and shall have served
the party so failing to appoint with notice in writing to make the appoint
ment, the party who has appointed an arbitrator may appoint such arbi
trator to act as sole arbitrator in the reference and an award made by him
shall be binding on both parties, as if the appointment had been by con
sent ; provided, however, that the Court may revoke such appointment, on
such terms as shall seem just .

Two arbitra 13. When the reference is to two arbitrators , and the terms of the
tors may
appoint document authorizing it do not show that it was intended that there should
umpire.
not be an umpire, or provide otherwise for the appointment of an umpire,
the two arbitrators may appoint an umpire at any time within the period
during which they have power to make an award, unless they be called
upon by notice as aforesaid to make the appointment sooner.