| (a) |
in terms of an arbitration agreement or this Act the reference shall be to a single arbitrator and all the parties to the reference do not, after a dispute has arisen, agree in the appointment of an arbitrator; or |
| (b) |
an arbitration agreement provides that the reference shall be to an even number of arbitrators and the parties to the reference or the arbitrators are at liberty to appoint an umpire and do not appoint him in any case where such appointment is necessary for the decision of the matters in dispute or the due conduct of the arbitration, or where the parties or such arbitrators are required to appoint an umpire and do not appoint him; or |
| (c) |
where an arbitration agreement provides that the reference shall be to two or more arbitrators one to be appointed by each party, and any party fails to appoint an arbitrator in terms of the agreement or by way of substitution in the circumstances described in subsection (1) of section ten; or |
| (d) |
an arbitration agreement provides that the reference shall be to three arbitrators one of whom is to be appointed (whether as arbitrator or as umpire) by the parties to the reference or by the other two arbitrators and such arbitrator or umpire has not been appointed; or |
| (e) |
an appointed arbitrator or umpire refuses to act or is or becomes incapable of acting or dies, or is removed from office or his appointment is terminated or is set aside and the party or parties to the reference or arbitrators who made the appointment are at liberty to appoint another arbitrator or umpire to fill the vacancy and do not appoint him in any case where such appointment is necessary for the decision of the matters in dispute or the due conduct of the arbitration, or where the party or parties or arbitrators who made the appointment is or are required to appoint another arbitrator or umpire to fill such vacancy and does or do not appoint him; or |
| (f) |
more than one arbitrator has to be appointed and the parties to the reference do not, after a dispute has arisen, agree in the appointment of arbitrators so far as the arbitration agreement may require such agreement, |
any party to the reference may serve the other party or parties or the arbitrators, as the case may be, with a written notice requiring him or them to appoint or if agreement be necessary, to agree in the appointment of an arbitrator or arbitrators or umpire.
| (2) |
If the appointment referred to in the notice served under subsection (1) is not made or agreed to, as the case may be, within seven days after the service of the notice, the party who gave the notice, may upon notice to the other party or parties or the arbitrators, as the case may be, apply to the court to make the necessary appointment, and thereupon the court may appoint an arbitrator or arbitrators or umpire. |
| (3) |
Where an arbitrator (not being a sole arbitrator) or two or more arbitrators (not being all the arbitrators) or an umpire who has or have not entered on the reference is or are removed by the court or his or their appointment or appointments is or are set aside by the court, and the arbitration agreement does not provide otherwise, the court may, on the application of any party to the reference, appoint an arbitrator or arbitrators or umpire to act in the place of the arbitrator, arbitrators or umpire so removed or whose appointment or appointments has or have been so set aside. |
| (4) |
Where a sole arbitrator or all the arbitrators or an umpire who has or have entered on the reference is or are removed by the court, or his or their appointment or appointments is or are set aside by the court and the arbitration agreement does not provide otherwise, the court may, on the application of any party to the reference, either— |
| (a) |
appoint an arbitrator or arbitrators or an umpire to act in the place of the arbitrator, arbitrators or umpire so removed or whose appointment or appointments has or have been so set aside; or |
| (b) |
appoint a sole arbitrator to act in the place of the sole arbitrator or all the arbitrators or umpire so removed or whose appointment or appointments has or have been so set aside; or |
| (c) |
order that the arbitration agreement shall cease to have effect with respect to the dispute referred. |
| (5) |
An arbitrator or umpire appointed by the court shall have the like power to act in the reference and make an award as if he had been appointed in accordance with the terms of the arbitration agreement. |
| (6) |
An arbitrator or umpire appointed in the cir cumstances described in subsection (1) of section ten or subsection (2) of section eleven or subsection (2), (3) or (4) of this section or an arbitrator appointed after the court has granted an extension of time to do so in the circumstances described in subsection (3) of section ten, may avail himself of the evidence recorded in the arbitration proceedings before his appointment and may, if he think fit, recall for further examination any person who has given such evidence. |
Foodstuffs, Cosmetics and Disinfectants Act, 1972
