Arbitration Act 1996

1 Default appointment of arbitrators
  • (1) For the purposes of article 11 of Schedule 1, the parties shall be taken as having agreed on the procedure for appointing the arbitrator or arbitrators set out in subclauses (2) to (5), unless the parties agree otherwise.

    (2) In an arbitration with 3 arbitrators and 2 parties, each party shall appoint 1 arbitrator, and the 2 arbitrators thus appointed shall appoint the third arbitrator.

    (3) In an arbitration with—

    • (a) a sole arbitrator; or

    • (b) 2 or 4 or more arbitrators; or

    • (c) 3 arbitrators and more than 2 parties,—

    the parties shall agree on the person or persons to be appointed as arbitrator.

    (4) Where, under subclause (2) or subclause (3), or any other appointment procedure agreed upon by the parties,—

    • (a) a party fails to act as required under such procedure; or

    • (b) the parties, or the arbitrators, are unable to reach an agreement expected of them under such procedure; or

    • (c) a third party, including an institution, fails to perform any function entrusted to it under such procedure,—

    any party may, by written communication delivered to every such party, arbitrator or third party, specify the details of that person’s default and propose that, if that default is not remedied within the period specified in the communication (being not less than 7 days after the date on which the communication is received by all of the persons to whom it is delivered), a person named in the communication shall be appointed to such vacant office of arbitrator as is specified in the communication, or the arbitral tribunal shall consist only of the person or persons who have already been appointed to the office of arbitrator.

    (5) If the default specified in the communication is not remedied within the period specified in the communication,—

    • (a) the proposal made in the communication shall take effect as part of the arbitration agreement on the day after the expiration of that period; and

    • (b) the arbitration agreement shall be read with all necessary modifications accordingly.