Section 9: Reference of dispute to arbitration tribunal if conciliation fails.

(1) Within fourteen days of the receipt by him of a report under section 6 of this Act, the Minister shall refer the dispute for settlement to the Industrial Arbitration Panel established under this section.
(2) The Industrial Arbitration Panel (in this section referred to as "the Panel") shall consist of a chairman, a vice-chairman and not less than ten other members all of whom shall be appointed by the Minister so however that of the ten other members-
(a) two shall be persons nominated by organisations appearing to the Minister as representing the interests of employers; and
(b) two shall be persons nominated by organisations appearing to the Minister as representing the interests of workers.
(3) For the purpose of the settlement of any dispute referred to the Panel by the Minister, the chairman of the Panel shall constitute an arbitration tribunal in accordance with whichever of paragraphs (a), (b) and (c) of subsection (4) of this section appears to him to be appropriate having regard to the subject-matter of the dispute and the means by which an attempt to settle the dispute was made in pursuance of the foregoing provisions of this Act.
(4) An arbitration tribunal may consist of-
(a) a sole arbitrator selected from among the members of the Panel by the chairman; or
(b) a single arbitrator selected from among the members of the Panel by the chairman and assisted by assessors appointed in accordance with subsection (5) of this section; or
(c) one or more arbitrators nominated by or on behalf of the employers concerned and an equal number of arbitrators nominated by or on behalf of the workers concerned, all nominations being made from among the members of the Panel, and presided over by the chairman or vice-chairman.
(5) The assessors for an arbitration tribunal which is to consists of a single arbitrator assisted by assessors shall be appointed by the chairman as follows:-
(a) one or more shall be persons nominated by or on behalf of the employers concerned from the panel of employers' representatives drawn up under section 44 of this Act; and
(b) an equal number shall be persons nominated by or on behalf of the workers concerned from the panel of workers' representatives drawn up under the said section 44 of this Act:
Provided that if after seven days of being required to do so by the chairman the employers or workers concerned or their representatives fail to make a nomination for the purposes of any appointment falling to be made in accordance with this subsection, the chairman may appoint from the appropriate panel such persons as he thinks fit.
(6) The award of an arbitration tribunal consisting of a single arbitrator assisted by assessors shall be made and issued by the arbitrator only; and if, in the case of an arbitration tribunal consisting of more than one arbitrator, all the members of the tribunal are unable to agree as to their award, the matter shall be decided by a majority of them.
(7) In this section, "chairman" means the chairman of the Industrial Arbitration Panel appointed pursuant to subsection (2) of this section; and functions conferred on the chairman may in the absence of the chairman be exercised by the vice-chairman.