Report No. 76

3.42. Recommendation to amend section 12(1).-

The case where a sole arbitrator is removed by the court is not intended to fall within sub-section (1)-it falls within sub-section (2). On this point, sub-section (2) is more specific, since it specifically mentions, "sole arbitrator". Symmetry between the two sub-sections, as far as possible, would, in our opinion, be desirable. Accordingly, our recommendation is that section 12(1) should be revised as under:-

"(1) Where the court removes an umpire who has not entered on the reference or one or more arbitrators (not being a sole arbitrator and not being all the arbitrators), the court may, on the application of any party to the arbitration agreement, appoint persons to fill the vacancy."