Arbitration Act 1996, Section 16 is up to date with all changes known to be in force on or before 12 May 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The parties are free to agree on the procedure for appointing the arbitrator or arbitrators, including the procedure for appointing any chairman or umpire.
(2)If or to the extent that there is no such agreement, the following provisions apply.
(3)If the tribunal is to consist of a sole arbitrator, the parties shall jointly appoint the arbitrator not later than 28 days after service of a request in writing by either party to do so.
(4)If the tribunal is to consist of two arbitrators, each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so.
(5)If the tribunal is to consist of three arbitrators—
(a)each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so, and
(b)the two so appointed shall forthwith appoint a third arbitrator as the chairman of the tribunal.
(6)If the tribunal is to consist of two arbitrators and an umpire—
(a)each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so, and
(b)the two so appointed may appoint an umpire at any time after they themselves are appointed and shall do so before any substantive hearing or forthwith if they cannot agree on a matter relating to the arbitration.
(7)In any other case (in particular, if there are more than two parties) section 18 applies as in the case of a failure of the agreed appointment procedure.
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