ARBITRATION AND CONCILIATION ACT

Section 7: Appointment of arbitrators.

1988Section 7 of 58Federal Republic of Nigeria

(1) Subject to subsection (3) and (4) of this section, the parties may specify in the arbitration agreement the procedure to be followed in appointing an arbitrator.
(2) Where no procedure is specified under subsection (1) of this section-
(a) in the case of an arbitration with three arbitrators, each party shall appoint one arbitrator and the two thus appointed shall appoint the third, so however that-
(i) if a party fails to appoint the arbitrator within thirty days of receipt of a request to do so by the other party; or
(ii) if the two arbitrators fail to agree on the third arbitrator within thirty days of their appointments,
the appointment shall be made by the court on the application of any party to the arbitration agreement;
(b) in the case of an arbitration with one arbitrator, where the parties fail to agree on the arbitrator, the appointment shall be made by the court on the application of any party to the arbitration agreement made within thirty days of such disagreement.
(3) Where, under an appointment procedure agreed upon by the parties-
(a) a party fails to act as required under the procedure; or
(b) the parties or two arbitrators are unable to reach agreement as required under the procedure; or
(c) a third party, including an institution, fails to perform any duty imposed on it under the procedure,
any party may request the court to take the necessary measure, unless the appointment procedure agreed upon by the parties provides other means for securing the appointment.
(4) A decision of the court under the subsections (2) and (3) of this section shall not be subject to appeal.
(5) The court in exercising its power of appointment under subsections (2) and (3) of this section shall have due regard to any qualifications required of the arbitrator by the arbitration agreement and such other consideration as are likely to secure the appointment of an independent and impartial arbitrator.

Cite this section

Section 7, ARBITRATION AND CONCILIATION ACT (1988).

https://repo.podus.ai/laws/arbitration-and-conciliation-act/section/7/