Arbitration Act, 1954

Power of Court in certain cases to appoint an arbitrator or umpire.

18.—In any of the following cases—

(a) where—

(i) an arbitration agreement provides that the reference shall be to a single arbitrator, and

(ii) all the parties do not, after differences have arisen, concur in the appointment of an arbitrator;

(b) if—

(i) an appointed arbitrator refuses to act, or is incapable of acting or dies, and

(ii) the arbitration agreement does not show that it was intended that the vacancy should not be supplied, and

(iii) the parties do not supply the vacancy;

(c) where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator and do not appoint him;

(d) where two arbitrators are required to appoint an umpire and do not appoint him;

(e) where—

(i) an appointed umpire or third arbitrator refuses to act, or is incapable of acting, or dies, and

(ii) the arbitration agreement does not show that it was intended that the vacancy should not be supplied, and

(iii) the parties or arbitrators do not supply the vacancy,

the following provisions shall have effect—

(1) any party may serve the other parties or the arbitrators, as the case may be, with a written notice to appoint or, as the case may be, concur in appointing an arbitrator, umpire or third arbitrator,

(2) if the appointment is not made within seven clear days after the service of the notice, the Court may, on the application of the party who gave the notice, appoint an arbitrator, umpire or third arbitrator, who shall have the like powers to act in the reference and make an award as if he had been appointed by consent of all parties.

Witnesses, Security for Costs, Discovery of Documents, etc.