| Commentary

22 Failure of appointment procedure

| Commentary

22 Failure of appointment procedure

The parties are free to agree what is to happen in the event that the procedure for the appointment of the arbitral tribunal fails1. In the absence of such an agreement, the Arbitration Act 1996 Section 18 provides that a party may apply to the courts to resolve the matter by2:

  1. 22.1

        giving directions as to the making of any necessary appointment(s)3;

  2. 22.2

        directing that the tribunal shall be constituted by such appointments (or any one or more of them) as have been made;

  3. 22.3

        revoking any appointments already made; and/or

  4. 22.4

        making any necessary

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