Arbitration Act, 1965 (Act No. 42 of 1965)

Arbitrators and Umpires

11. Power of parties or arbitrators to appoint umpire and to fill vacancy

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(1)If an arbitration agreement provides for a reference—
(a)to an even number of arbitrators, then, unless a contrary intention is expressed therein, the arbitrators may at any time appoint an umpire; or
(b)to three arbitrators, of whom one is to be appointed by the other two, such agreement shall, unless a contrary intention is expressed therein, be construed as providing for the appointment of an umpire by the other two arbitrators immediately after they are themselves appointed.

 

(2)Where an appointed 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 a contrary intention is not expressed in the arbitration agreement, the parties or arbitrators who appointed him may appoint another umpire in his place.