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

Under an arbitration agreement silent on the appointment procedure, Nair Foods and Bose Retail agreed on a three-member tribunal. Nair Foods appointed its arbitrator. Bose Retail received a request to appoint its arbitrator on 1 March and did nothing until 5 April. Which statement is correct?

Nair Foods may apply to the competent Court or its designate to appoint Bose Retail's arbitrator, because under Section 11(4)(a) a party failing to appoint within thirty days of the other party's request allows the appointment to be made upon request.

  1. ANair Foods's arbitrator becomes the sole arbitrator automatically
  2. BNair Foods may request the competent Court or its designate to make the appointment for Bose Retail, as thirty days have lapsedCorrect
  3. CNair Foods must wait for sixty days before approaching the Court
  4. DThe two parties must restart by agreeing on a presiding arbitrator first

Explanation

Section 11(3) gives each party one appointment, and Section 11(4)(a) allows a request to the Court or its designate if a party fails to appoint within thirty days of receiving the request. From 1 March, thirty days expired on 31 March, so the request is permissible by 5 April. Sixty days relates only to the endeavour in Section 11(13) to dispose of the application.

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