Northern Territory Consolidated Acts

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COMMERCIAL ARBITRATION ACT - SECT 10

General power of the Court to fill vacancy

10. General power of the Court to fill vacancy

Where there is a vacancy in the office of an arbitrator or umpire (whether or not an appointment has previously been made to that office) and -

(a) neither the arbitration agreement nor this Act (other than this section) provides 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.



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