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10

Provisions as to appointment of three or more arbitrators

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 10. Provisions as to appointment of three or more arbitrators. (1) Where an arbitration agreement provides that a reference shall be to three arbitrators, one to be appointed by each party and the third by the two appointed arbitrators, the agreement shall have effect as if it provided for the appointment, of an umpire, and not for the appointment of a third arbitrator, by the two arbitrators appointed by the parties. (2) Where an arbitration agreement provides that a reference shall be to three arbitrators to be appointed otherwise than as mentioned in sub section (1), the award of the majority shall, unless the arbitration agreement otherwise provides, prevail. (3) Where an arbitration agreement provides for the appointment of more arbitrators than three, the award of the majority, or if the arbitrators are equally divided in their opinions, the award of the umpire shall, unless the arbitration agreement otherwise provides, prevail.