Law library · Sierra Leone · The Arbitration Act, 2022
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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