Appointing a replacement arbitrator
Appointing a replacement arbitrator

The following Arbitration guidance note provides comprehensive and up to date legal information covering:

  • Appointing a replacement arbitrator
  • Timing of appointment
  • Methods of appointment
  • Implications of a replacement arbitrator
  • Truncated tribunal
  • Institutional rules

In the event that an arbitrator recuses himself or is removed by the court, giving rise to what is known as a 'casual vacancy', a replacement arbitrator may need to be appointed.

For guidance on removing an arbitrator under section 24 of the Arbitration Act 1996, see Practice Note: AA 1996—applying to remove an arbitrator (s 24).

Timing of appointment

The AA 1996 provides that the provisions of AA 1996, s 16 (procedure for appointment of arbitrators) and AA 1996, s 18 (failure of appointment procedure) apply in relation to the filing of a vacancy. In the case of a sole arbitrator this allows for a joint appointment within 28 days of a request in writing by either party to do so.

In Federal Insurance, the parties accepted that AA 1996, s 16 applies when there is no agreed appointment procedure or a party has defaulted. On this basis the parties can agree a longer time limit for replacement than that set out in AA 1996.

Methods of appointment

Parties agree a replacement

The parties can agree:

  1. whether, and if so how, a vacancy should be filled

  2. whether, and to what extent, the previous proceedings should stand (note: this only applies until the tribunal has been reconstituted)

  3. the effect of the arbitrator ceasing to hold office has on any appointment which