Law library · Sierra Leone · The Arbitration Act, 2022
Section 8, The Arbitration Act, 2022
Status not yet checkedThe Arbitration Act, 2022, Sierra Leone
(1) The seat of an arbitration shall be designated - (a) by the parties to the arbitration agreement;
(b) by an arbitral or other institution or person
authorised by the parties with powers in that
regard; or
(c) subject to subsection (2), by an arbitral
(2) Where the parties have not designated the seat of an
arbitration and they have not authorised an arbitral or other institution
to designate the seat of the arbitration, then the seat of the arbitration
shall be Sierra Leone as the arbitral tribunal may determine, unless
the arbitral tribunal decides that a place in another country should
be the seat of the arbitration having regard to all the relevant
circumstances, including -
(a) the country which the parties and the
transaction have the closest connection;
(b) the law that the parties have selected to
govern their substantive rights under the
contract, and
Separability
of arbitration
agreements.
Death of a
party.
Seat and
place of
14. Only an individual may act as an arbitrator.
15. (1) Where the parties fail to agree on that appointment of
an arbitrator or arbitrators, the following procedure shall apply-
(a) in an arbitration with a sole arbitrator, an
arbitrator shall be appointed by the Court,
on the request of a party, if the parties are
unable to agree on the arbitrator 14 days after
service of request in writing by either party
to do so; and
(b) in an arbitration with 3 arbitrators, each party
shall appoint one arbitrator and the 2
arbitrators so appointed are to appoint the
third arbitrator, who shall be the presiding
arbitrator and where-
(i) a party fails to appoint an arbitrator
within 14 days of receipt of a request to
do so from the other party; or
(ii) 2 arbitrators fail to agree on the third
arbitrator within 14 days of their
appointment;
(iii) the 2 appointed arbitrators fail to agree
on the third arbitrator within 14 days
from the date of their appointment;
the appointment shall be made by the
appointing authority upon a request by
a party.
(c) if there are more than 2 parties, then the
procedure in paragraph (b) shall apply, save
that the claimants shall jointly appoint one
Arbitrator to
be an
individual.
Failure of
appointment
procedure.
(c) any law that the parties may have chosen to
govern the arbitration.
(3) Notwithstanding subsections (1) and (2), an arbitral
tribunal may, unless otherwise agreed by the parties, meet at a place
it considers appropriate for consultation among its members, for
hearing witnesses, experts or the parties or for inspection of goods,
other property or documents.
PART III - PRE-ARBITRAL PROCEEDINGS
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