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CS Professional · Arbitration, Mediation and Conciliation · Arbitration Procedure, Appointment of an Arbitrator and Other Aspects

Two arbitrators were appointed, one by each party, under a three-member tribunal clause with no agreed procedure for the third arbitrator. Thirty days after their appointment they have not agreed on the presiding arbitrator. What does Section 11 provide?

When the two appointed arbitrators fail to agree on the third within thirty days of their appointment, a party may request the court, or its designated person or institution, to appoint the presiding arbitrator. The tribunal is not reduced to two and the parties do not restart.

  1. AThe two arbitrators continue as a tribunal of two with the casting vote lying with the senior one
  2. BOn request of a party, the court or its designate makes the appointment of the third arbitratorCorrect
  3. CThe parties must restart by appointing two fresh arbitrators
  4. DThe dispute must be referred to a sole arbitrator chosen by the claimant

Explanation

Under the default procedure the two appointed arbitrators appoint the third, who acts as presiding arbitrator. If they fail to agree within thirty days from their appointment, the appointment is made on a party's request by the court or its designate. Restarting or a claimant-chosen sole arbitrator is not provided.

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