Tiêu đề minor act.pdf ✅

A. Initial Appointment When Parties Cannot Agree (Section 8(1)(a) If an arbitration agreement stipulates that arbitrators are to be appointed by mutual consent but the parties fail to agree on their names after a dispute arises, the court can appoint the arbitrators. This ensures that the arbitration process can proceed even if the parties cannot reach a consensus. ➢ Application to the court When dispute arises regarding appointment of arbitrator in the initial appointment, then in such case an application can be made to the court to appoint the arbitrators B. Subsequent Appointment When an Arbitrator Fails to Act (Section 8(1)(b)) If an appointed arbitrator refuses to act or is otherwise incapacitated to act as an arbitrator in such case the court can appoint a new arbitrator upon application made by the party to the arbitration agreement. ❖ Procedure for Court Appointment a) Service of Notice Any party may serve a written notice to the other parties regarding the appointment of an arbitrator or to fill a vacancy. This notice is served under Section 42 of the Arbitration Act, 1940. b) Failure to Appoint Within 15 Days The party receiving the notice must appoint an arbitrator within fifteen days from the date of service. If the party fails to do so, the notifying party can then apply to the court for an appointment. c) Application to the Court The party who served the notice and did not receive a response within the stipulated time can file an application to the court. The court will consider the application, allowing the other side to be heard before making an appointment. d) Court Appointment After considering the application and the responses, if the court finds that the conditions are met, it will appoint an arbitrator or umpire to resolve the issue. ❖ Appointment of arbitrator by parties 1) Appointment of New Arbitrator: If the arbitration agreement states that the reference shall be of two arbitrators, then in such case each party will appoint one arbitrator for arbitration unless a deferent intention is expressed in agreement.