ABSTRACT
The statutory rules are only applicable in the absence of agreement otherwise and court intervention is minimised to cases where the parties cannot agree and the statutory framework fails to provide a solution. Any agreement on appointment of arbitrators or umpires must be in writing to be given effect under the 1996 Act. The existing common law principles will be of relevance in giving full effect to the parties’ agreement or the statutory provisions applicable in the absence of agreement. The steps required to complete the appointment of an arbitrator may depend upon the context. An arbitration agreement providing for two or three arbitrators offers the advantage that each party can choose its own arbitrator and an easy method is usually available for progressing the arbitration where there has been default in appointment. The role of the umpire is to take over decision making from the disagreeing arbitrators.
