Queensland Consolidated Acts

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COMMERCIAL ARBITRATION ACT 1990 - SECT 10

10 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; or
(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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