| Commentary

31 Filling of vacancy

| Commentary

31 Filling of vacancy

Where an arbitrator ceases to hold office, the parties are free to agree1:

  1. 31.1

        whether, and if so how, the vacancy is to be filled;

  2. 31.2

        whether, and if so to what extent, the previous proceedings should stand; and

  3. 31.3

        what effect, if any, the arbitrator’s ceasing to hold office has on any appointment that he has made in the proceedings (alone or jointly).

Absent any such agreement, the default position is that2:

  1. 31.4

        the vacancy will be filled in accordance with the Arbitration Act 1996 Sections 16 and 183;

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