Victorian Consolidated Legislation

Commercial Arbitration Act 1984 - SECT 16

Circumstances in which umpires may enter on the arbitration

16. Circumstances in which umpires may enter on the arbitration



(1) Unless otherwise agreed in writing by the parties to the arbitration
agreement, an umpire appointed in relation to an arbitration may forthwith
enter on the arbitration in place of the arbitrators and as if the umpire were
the sole arbitrator in any case where-

   (a)  the arbitration agreement fixes a time within which an award is to be
        made and the arbitrators fail to make the award within that time or
        any extension of that time granted by the Court under section 48; or

   (b)  the arbitrators fail to determine a matter arising for determination
        and by reason of that failure the dispute cannot be resolved pursuant
        to the arbitration agreement and at least one of the arbitrators has
        served on a party to the dispute or the umpire a notice in writing to
        that effect.

(2) At any time after the appointment of an umpire, the Court may, on the
application of a party to the arbitration agreement and notwithstanding
anything to the contrary in that agreement or any other agreement (whether
oral or written) made between the parties to the arbitration agreement, order
that the umpire shall enter on the arbitration in place of the arbitrators and
as if the umpire were the sole arbitrator.