Report No. 76

3.18. Section 8(1)(a) and three arbitrators.-

An arbitration agreement may contemplate three arbitrators. The situation is dealt with in several sections of the Act.

(a) If the three arbitrators are to be appointed by consent of the parties, section 8(1)(a) applies.

(b) If one arbitrator is to be appointed by each party and the third by the two appointed arbitrators, then section 10(1) comes into play, whereunder the agreement shall have effect as if it provided for an umpire.

(c) Lastly, where a agreement provides for a reference to three arbitrators in any other manner, then, under section 10(2) the award of the majority prevails (unless the agreement provides to the contrary).

These provisions are somewhat different from, and wider than, section 7 and section 9 of the English Act, which do not separately deal with the case of three arbitrators to be appointed by consent.