Page:Arbitration Ordinance (Cap. 609).pdf/28

ARBITRATION ORDINANCE “Article 15. Appointment of substitute arbitrator
 * Where the mandate of an arbitrator terminates under article 13 or 14 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.”.

29. Death of arbitrator or person appointing arbitrator

(1) The authority of an arbitrator is personal and the mandate of the arbitrator terminates on the arbitrator’s death.

(2) Unless otherwise agreed by the parties, the death of the person by whom an arbitrator was appointed does not revoke the arbitrator’s authority.

30. Appointment of umpire

In an arbitration with an even number of arbitrators, the arbitrators may, unless otherwise agreed by the parties, appoint an umpire at any time after they are themselves appointed.

31. Functions of umpire in arbitral proceedings

(1) The parties are free to agree what the functions of an umpire are to be and, in particular—
 * (a) whether the umpire is to attend the arbitral proceedings; and
 * (b) when, and the extent to which, the umpire is to replace the arbitrators as the arbitral tribunal with the power to make orders, directions and awards.

(2) If or to the extent that there is no such agreement of the parties, the arbitrators are free to agree on the functions of the umpire.

(3) Subsections (4) to (11) apply subject to any agreement of the parties or the arbitrators.

(4) After an umpire is appointed, the umpire must attend the arbitral proceedings.

(5) The umpire must be supplied with the same documents and other materials as are supplied to the arbitrators.