Arbitration Act, 1954

Power of parties in certain cases to supply vacancy.

15.—(1) Where—

(a) an arbitration agreement provides that the reference shall be to two arbitrators, one to be appointed by each party, and

(b) either of the appointed arbitrators refuses to act, or is incapable of acting, or dies,

then, unless the agreement expresses a contrary intention, the party, who appointed the arbitrator so refusing to act, becoming incapable of acting or dying, may appoint a new arbitrator in his place.

(2) (a) Where—

(i) an arbitration agreement provides that the reference shall be to two arbitrators, one to be appointed by each party, and

(ii) on such a reference one party fails to appoint an arbitrator, either originally or by way of substitution under subsection (1) of this section, for seven clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment,

then unless a contrary intention is expressed in the agreement, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and his award shall be binding on both parties as if he had been appointed by consent.

(b) The Court may set aside any appointment made under paragraph (a) of this subsection.