The following Arbitration guidance note provides comprehensive and up to date legal information covering:
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).
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.
The parties can agree:
whether, and if so how, a vacancy should be filled
whether, and to what extent, the previous proceedings should stand (note: this only applies until the tribunal has been reconstituted)
the effect of the arbitrator ceasing to hold office has on any appointment which
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234