Arbitration Act (Cap. 387)
Arbitration Act (Cap. 387), article 21
21. (1) If three arbitrators are to be appointed, each party shall
appoint one arbitrator. The two arbitrators thus appointed shal l
choose the third arbitrator who will act as the presiding arbit rator
of the arbitral tribunal.
(2) If within thirty days after the receipt of a party’s
notification of the appointment of an arbitrator, the other par ty has
not notified the first party of the arbitrator he has appointed , the
first party may request the chairman to appoint the second
arbitrator.
(3) If within thirty days after the appointment of the second
arbitrator, the two arbitrators have not agreed on the choice o f the
presiding arbitrator, the presiding arbitrator shall be appoint ed by
the chairman.
(4) The chairman shall apply the provisions of article 20,
mutatis mutandis , in any appointment made under the provisions of
subarticles (2) or (3).
Multiple parties.
Added by:
XVIII.1999.12.
21A (1) Where there are multiple parties, whether as claimant
or as respondent, the multiple claimants, jointly, and the mult iple
respondents, jointly, shall make a proposal to the other party for an
arbitrator to be appointed pursuant to article 20 or shall appo int an
arbitrator pursuant to article 21, as the case may be.
(2) Where the dispute is to be referred to a sole arbitrator and
where there are multiple parties, whether as claimant or as
respondent, the multiple claimants, jointly, and the multiple
respondents, jointly, may reach an agreement with the other par ty
on the choice of a single arbitrator to be appointed pursuant t o
article 20.
(3) In the absence of such joint nomination, where the dispute
ARBITRATION [CAP. 387. 13
is to be referred to three arbitrators and where all parties ar e unable
to agree to a method for the constitution of the arbitral tribu nal, the
chairman may on the request of either of the parties appoint ea ch
member of the arbitral tribunal and shall designate one of them to
act as presiding arbitrator.
Request to the
chairman to
appoint an
arbitrator.
Amended by:
XVIII.1999.13.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.