COMMERCIAL ARBITRATION ACT 1984 - SECT 10 General power of the Court to fill vacancy
This legislation has been repealed.
COMMERCIAL ARBITRATION ACT 1984 - SECT 10
General power of the Court to fill vacancy10 General power of the Court to fill vacancy
Where there is a vacancy in the office of arbitrator or umpire (whether or not an appointment has previously been made to that office) and:
(a) neither the provisions of the arbitration agreement nor the provisions of this Act (other than this section) provide a method for filling the vacancy,
(b) the method provided by the arbitration agreement or this Act (other than this section) for filling the vacancy fails or for any reason cannot reasonably be followed, or
(c) the parties to the arbitration agreement agree that, notwithstanding that the provisions of the arbitration agreement or of this Act (other than this section) provide a method for filling the vacancy, the vacancy should be filled by the Court,the Court may, on the application of a party to the arbitration agreement, make an appointment to fill the vacancy.