Western Australian Consolidated Acts

COMMERCIAL ARBITRATION ACT 1985 - 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;

            (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.