Singapore legislation
Clause 3
Clause 3
New section 9B
The principal Act is amended by inserting, immediately after section 9A, the following section:“Default appointment of arbitrators in arbitration with 3 or more parties9B.—
Notwithstanding Article 11(3) of the Model Law, in an arbitration with 3 or more parties and 3 arbitrators —
the claimant, or all the claimants by agreement if there is more than one claimant, must appoint an arbitrator on or before the date of sending of the request for the dispute to be referred to arbitration and inform the respondent or respondents of the appointment on the date when the request for the dispute to be referred to arbitration is sent to the respondent or respondents;
the respondent, or all the respondents by agreement if there is more than one respondent, must appoint an arbitrator and inform the claimant or claimants of the appointment within 30 days after the date of receipt of the request for the dispute to be referred to arbitration by the respondent, or by the last respondent to receive the request if there is more than one respondent; and
the 2 arbitrators appointed under paragraphs (a) and (b) must by agreement appoint the third arbitrator, who is to be the presiding arbitrator, within 60 days after the date of receipt of the request for the dispute to be referred to arbitration by the respondent, or by the last respondent to receive the request if there is more than one respondent.(2) Notwithstanding subsection (1), the appointing authority must, upon the request of any party, appoint all 3 arbitrators and designate any one of the arbitrators as the presiding arbitrator if —
the claimant or claimants fail to appoint an arbitrator, or fail to inform the respondent or respondents of such appointment, by the date specified in subsection (1)(a); or
the respondent or respondents fail to appoint an arbitrator, or fail to inform the claimant or claimants of such appointment, within the time specified in subsection (1)(b).(3) In making the appointments under subsection (2), the appointing authority may, having regard to all relevant circumstances, re‑appoint or revoke the appointment of an arbitrator appointed under subsection (1)(a) or (b).(4) Notwithstanding subsection (1)(c), the appointing authority must, upon the request of any party and having regard to all relevant circumstances, appoint the third arbitrator if the 2 arbitrators appointed by the parties fail to agree on the appointment of the third arbitrator within the time specified in subsection (1)(c).”.