12
NO. 37 OF 2001
(2) The parties are free to agree on a procedure for appointing the arbitrator or arbitrators.
(3) Where the parties fail to agree on a procedure for appointing the arbitrator or arbitrators—
- (a) in an arbitration with 3 arbitrators, each party shall appoint one arbitrator, and the parties shall by agreement appoint the third arbitrator; or
- (b) in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, the arbitrator shall be appointed, upon the request of a party, by the appointing authority.
(4) Where subsection (3) (a) applies—
- (a) if a party fails to appoint an arbitrator within 30 days of receipt of a first request to do so from the other party; or
- (b) if the 2 parties fail to agree on the appointment of the third arbitrator within 30 days of the receipt of the first request by either party to do so, the appointment shall be made, upon the request of a party, by the appointing authority.
(5) If, under an appointment procedure agreed upon by the parties—
- (a) a party fails to act as required under such procedure;
- (b) the parties are unable to reach an agreement expected of them under such procedure; or
- (c) a third party, including an arbitral institution, fails to perform any function entrusted to it under such procedure,
any party may apply to the appointing authority to take the necessary measure unless the agreement on the appointment procedure provides other means for securing the appointment.
(6) Where a party makes a request or makes an application to the appointing authority under subsection (3), (4) or (5), the appointing authority shall, in appointing an arbitrator, have regard to the following:
- (a) the nature of the subject-matter of the arbitration;
- (b) the availability of any arbitrator;
- (c) the identities of the parties to the arbitration;
