(6) Orders, directions and awards are to be made by the arbitrators unless, subject to subsection (9), the arbitrators cannot agree on a matter relating to the dispute submitted to arbitration.
(7) If the arbitrators cannot agree on a matter relating to the dispute submitted to arbitration, they must forthwith give notice of that fact in writing to the parties and the umpire, in which case the umpire is to replace the arbitrators as the arbitral tribunal with the power to make orders, directions and awards, in respect of that matter only, subject to subsection (9)(b), as if the umpire were the sole arbitrator.
(8) If the arbitrators cannot agree on a matter relating to the dispute submitted to arbitration but—
- (a) they fail to give notice of that fact; or
- (b) any of them fails to join in the giving of notice,
any party may apply to the Court which may decide that the umpire is to replace the arbitrators as the arbitral tribunal with the power to make orders, directions and awards, in respect of that matter only, as if the umpire were the sole arbitrator.
(9) Despite the replacement by the umpire as the arbitral tribunal in respect of a matter, on which the arbitrators cannot agree, relating to the dispute submitted to arbitration, the arbitrators may—
- (a) still make orders, directions and awards in respect of the other matters relating to the dispute if they consider that it would save costs by doing so; or
- (b) refer the entirety of the dispute to the umpire for arbitration.
(10) For the purposes of this section, the arbitrators cannot agree on a matter relating to the dispute submitted to arbitration if any one of the arbitrators, in that arbitrator’s view, disagrees with the other arbitrator or any of the other arbitrators over that matter.
(11) A decision of the Court under subsection (8) is not subject to appeal.
Division 2—Mediators
32. Appointment of mediator
(1) If—
- (a) any arbitration agreement provides for the appointment of a mediator by a person who is not one of the parties; and
- (b) that person—
- (i) refuses to make the appointment; or
