The normal practice is, once there is clear disagreement over the appointment of an arbitrator (usually within a time period specified in the agreement to arbitrate) either party may try to pre-empt further disagreement by naming their preferred arbitrator and giving the other party not less than seven days to respond.
Musings of a busy mind
The Arbitration Amendment Bill 2017 (No 245-1) completed its first reading yesterday, and has been referred to the Justice and Electoral Committee. The bill is a private member’s bill (Paul Foster-Bell MP), selected from the ballot. It’s first reading commenced on 12 April, but was not completed before the House rose. Yesterday was the first scheduled day for the House to consider private members’ bills.
One of the changes brought in by the Arbitration Amendment Act 2016 was the substitution of “the appointed body” for the High Court in Article 11 of Schedule 1 of the Act. The appointed body was to be a suitably qualified body appointed by the Minister of Justice. On 2 March 2017, Hon Mark Mitchell, the Associate Minister of Justice, appointed AMINZ as that body.