Section 8. _

8. (1) In any of the following cases- `POW-` `of` `Court to` - (a) where \ an arbitration agreement provides that the reference shall be to one or more arbitrators `umphe.` to be appointed by consent of the parties, and all the parties do not, after differences have arisen, concur in the appointment or appointments ; or - (b) if any appointed arbitrator or umpire neglects or refuses to act, or is incapable of acting, or dies, and the arbitration agreement does not show that it was intonded that the vacancy should not be supplied, and the parties or the arbitrators, as the case may be, do not supply the vacancy ; or - (c) where the parties or the arbitrators are required to appoint an umpire and do not appoint him ; any party may serve the other parties or the arbitrators, as the casemay be, with a written notice to concur in the appointment or appointments or in supplying the vacancy. (2) If the appointment is not made within %tee11 clear days after the service of the said notice, the Court may, on the application of the party who gave the notice and after giving the other parties an opportunity of being heard, appoint an arbitrator or arbitrators or umpire, as the case may be, who shall -ha~elikcpower to act in theqeferenceand-tomak9 an award $4 ,: . 7 ||anaward asifhe or they had been appointed by consent of| |---|---| ||aU parties.| |POW^@arty<br>toappoint'<br>newarbitrato~<br>orL esttain<br>d e sawle<br>arbitiator.|9.W b e an arbitration agreement provides that a refer-<br>arbitrato~ence shall be to two arbitrators, one to be appointed by each<br>party, then, unless a different intention is expressedin<br>the agreement,-| |(a)ifeither of the appointed arbitrators neglects or'|(a)ifeither of the appointed arbitrators neglects or'|| |---|---|---| ||refuses to act, or is incapable of acting, ordies,|| ||the party who appointed him may appohta.new|| ||arbitrator inhisplace;|| |(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 appoint-|| ||ment, 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 asif|| ||he had been appointed by consent:|| |Provided that the Court may set asideanyappointment||\| |as sole arbitrator made under clause(b)and either, on sdi.||\| |cient cause being shown, allow further time|cient cause being shown, allow further timetothe defaulting|| |party to appoint an arbitrator or pass such other order as it||| |thinksfit.||| Explamtiolz.-The fact that an arbitrator or umpire, i after a request by either party to enter on and proceed with I 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. 'l \ fiovlslonaae 10. (1) Where an arbitration agreement provides that a `to` appoint- ment ofthee reference shall be to three arbitrators, one to be appointed by OF erbltram. mom each party and the third by the two appointed arbitrators, \ the agreement shall have effect as if it provided for the ap. pointment 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 , 4 8 . - - OF 19401 Arbitration than as mentioned `iu` sub-section (I), the award of the majority shall, unless tho arbitration agreewent 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. - ,