Victorian Consolidated Legislation

Commercial Arbitration Act 1984 - 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 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.