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Section 13, The Arbitration Act, 2022

Status not yet checkedThe Arbitration Act, 2022, Sierra Leone

(1) Unless otherwise agreed by the parties, a person shallnot be precluded by reason of nationality from acting as an arbitrator. (2) The parties are free to agree on a procedure for appointing an arbitrator or presiding arbitrator. (3) Where the parties fail to agree on the procedure referred to in subsection (2), section 15 shall apply. 10 11 Stay of proceedings on substantive claim. Retention of security where proceedings are stayed. Request for interim protection Number of Appointment of arbitrators. arbitrator, and the respondents shall jointly appoint one arbitrator, and the 2 appointed arbitrators shall appoint the third arbitrator as the presiding arbitrator; and (d) in an arbitration with more than 3 arbitrators, a party may for the purpose of appointing an arbitrator request for the register of arbitrators maintained by the Centre and the Centre shall comply with the request, if the parties fail to - (i) agree on a process; and (ii) appoint a tribunal 14 days after service of a request in writing. (2) Where, under an appointment procedure agreed on by the parties - (a) a party fails to act as required under the appointment procedure; (b) the parties, or 2 or more arbitrators, are unable to reach an agreement expected of them under the appointment procedure; or (c) a third party, including an institution fails to perform a function entrusted to it under the appointment procedure, a party may request the Court to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment. (3) The Court shall, in appointing an arbitrator, have due regard to qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator. (e) the ceasing to hold office by the arbitrator shall not affect an appointment by such arbitrator alone or jointly, of another arbitrator, in particular any appointment of a presiding arbitrator. 19. (1) The parties may agree with an arbitrator as to the consequences of his resignation as regards - (a) the arbitrator's entitlement to fees or expenses; and (b) liability thereby incurred by the arbitrator. (2) If or to the extent that there is no such agreement an arbitrator who resigns its appointment may, upon notice to the parties, apply to the Court to - (a) grant the arbitrator relief from any liability thereby incurred by him; and (b) make such order, as it thinks fit, with respect to the arbitrator's entitlement to fees or expenses or the repayment of fees or expenses already paid. (3) Where the Centre is satisfied that in all the circumstances it was reasonable for the arbitrator to resign, it may grant relief under paragraph (a) of subsection (2) on such terms as it thinks fit. (4) A decision of the Court on a matter under this section shall be final. 20. (1) The authority of an arbitrator shall be personal and shall cease upon his death. Resignation of arbitrator. Death of arbitrator or person appointing him. (4) In the event of failure of the parties' procedure for the appointment of the arbitral tribunal or in the absence of an agreement on such procedure, the Court may revoke any appointments already made.

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