7.
| (1) The parties shall be free to agree on a procedure for appointing the arbitrators, subject to the provisions of this Act. |
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| (2) In the absence of such agreement
| | (a) in an arbitration with a sole arbitrator if the parties are unable to agree on the arbitrator; that arbitral shall be appointed, on the application of a party by the High Court; | | |
| | (b) in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within sixty days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within sixty days of their appointment, the appointment shall be made, upon the application of a party, by the High Court. | | |
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| (3) Where, under an appointment procedure agreed upon by the parties
| | (a) a party fails to act as required under such procedure ; or | | |
| | (b) the parties, or the arbitrators, are unable to reach an agreement required of them under such procedure; or | | |
| | (c) a third party, including an institution, fails to perform any function assigned to such third party under such procedure, | | |
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| (4) The High Court shall in appointing an arbitrator, have due regard to any qualifications required of an arbitrator under the agreement between the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator. |
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Sri Lanka Consolidated Acts