Appointment of Presiding Arbitrator in place of one who has died or refuses to act
In the Matter of an Arbitration between [parties]
WHEREAS:
- By an arbitration agreement contained in an agreement [or a deed] dated the _____ day of _____ and made between [parties] it was provided that the reference shall be to two arbitrators, one to be appointed by each party.
- In pursuance of the said agreement the parties respectively appointed us [names] as the arbitrators.
- As such arbitrators we appointed [insert the name, address etc. third arbitrator] to be Presiding Arbitrator.
- The said [third arbitrator] has died [or refuses to act or is incapable of acting].
NOW THEREFORE we the said arbitrators concur in appointing and appoint [insert the name, address etc. substitute third arbitrator] to be Presiding Arbitrator in the above matter in the place of the said [original umpire].
AS WITNESS etc.
Place:
[Signatures of both arbitrator members of Arbitral Tribunal]
