Clause 2

by deleting paragraph (c) of subsection (1) and substituting the following: —“(c)where the parties or two arbitrators are required or are at liberty to appoint an umpire or third arbitrator and do not appoint him;”;

by inserting, immediately after subsection (2), the following subsection: —“(3) In any case where —

an arbitration agreement provides for the appointment of an arbitrator or umpire by a person who is neither one of the parties nor an existing arbitrator (whether the provision applies directly or in default of agreement by the parties or otherwise); and

that person refuses to make the appointment or does not make it within the time specified in the agreement or, if no time is so specified, within a reasonable time,any party to the agreement may serve the person in question with a written notice to appoint an arbitrator or umpire and, if the appointment is not made within seven clear days after the service of the notice, the court or a judge thereof may, on the application of the party who gave the notice, appoint an arbitrator or umpire who shall have the like powers to act in the reference and make an award as if he had been appointed in accordance with the terms of the agreement.”.