Notice to appoint one of two arbitrators

 

To

Date

In the Matter of an intended Arbitration between (parties) and in the Matter of the Arbitration and Conciliation Act, 1996.

WHEREAS:

 (1) The arbitration clause (or clause________) of a deed (or an agreement) _________ dated the __________ day of ___________ and made between (parties) provides that any disputes or differences which may arise thereunder between the parties thereto are to be referred (unless the parties concur in the appointment of a single arbitrator) to two arbitrators one to be appointed by each party (and also contains provision corresponding to that contained in section 7 of the Arbitration and Conciliation Act, 1996 entitling a party who has appointed an arbitrator to appoint that arbitrator to act as sole arbitrator on default by the other party in appointing an arbitrator).

(2) Disputes and differences within the meaning of the said clause have arisen between us (or, where the notice is given by a party’s solicitors, between you and the said (party on whose behalf notice is given) (and by a notice dated the ____________ day of ___________ I (or the said (party) gave you notice that I (or he) was willing to concur in the selection of a single arbitrator and that in the event of no such arbitrator having been selected within seven clear days after the service of that notice I should (or he would) forthwith on my (or his) part proceed to appoint an arbitrator to act in the matter of the said differences).

 (3) No single arbitrator has been selected within the period of seven clear days after the service of the said notice.

NOW THEREFORE TAKE NOTICE that I have on my part (or the said (party) has on his part) appointed (arbitrator) of (address, etc.) to act in the matter of the said disputes and differences and that I require (or the said (party) requires) you within seven clear days after the service of this notice to appoint an arbitrator to act in the matter and that in default of you so doing I (or the said (party) may (pursuant to the provisions of the said clause and) pursuant to section 7 of the Arbitration and Conciliation Act, 1996 appoint the said (arbitrator) to act as sole arbitrator in the reference.

 

[Signatures of Party or Party’s Solicitors]