9
Power to party to appoint new arbitrator or, in certain cases, a sole arbitrator
Act: Arbitration Act 1940
Section Provisions
CHAPTER II THE ARBITRATION ACT, 1940 (X OF 1940) [11 March, 1940] An Act to consolidate and amend the law relating to Arbitration. WHERE it is expedient to consolidate and amend. the law relating to arbitration in Pakistan. It is hereby enacted as follows:‑ CHAPTER II ARBITRATION WITHOUT INTERVENTION OF A COURT 9. Power to party to appoint new arbitrator or, in certain cases, a sole arbitrator. Where an arbitrations agreement provides that a reference shall be to two arbitrators, one to be appointed each party, then, unless a different intention is expressed in the agreement. (a) If either of the appointed arbitrator, neglects or refuses to act, or is incapable of acting or dies, the party who appointed him may appoint a new arbitrator in his place; (b) If one party fails to appoint an arbitrator, either originally or by way of substitution as aforesaid, for fifteen clear days, after the service by the other party of a notice in writing to make the appointment, such other party having appointed his arbitrator before giving the notice, 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. Provided that the Court may set aside any appointment as sole arbitrators made under clause: (b) and either, on sufficient cause being shown, allow further time to the defaulting party to appoint an arbitrator or pas such other order as it thinks fit. Explanation. The fact that an arbitrator or umpire, after request by either party to enter on and proceed with the reference, does not within one month comply with the request may constitute a neglect or refusal to act within the meaning of Section 8 and this section.