South Australian Consolidated Acts

COMMERCIAL ARBITRATION AND INDUSTRIAL REFERRAL AGREEMENTS ACT 1986 - 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.