When is the deadline for default appointment of a sole arbitrator after notice?
The catalogue records a 7 days period from Giving of the s.17(1) notice in writing by the party who has duly appointed its own arbitrator. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 7 days
- Trigger
- Giving of the s.17(1) notice in writing by the party who has duly appointed its own arbitrator
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
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- s.17(3): the party in default may apply to the court, which may set aside the appointment. The court may also extend the 7 days under s.79 on the s.79(3) substantial-injustice test. But the sole-arbitrator appointment takes effect automatically on expiry unless and until it is set aside.
- The most dangerous short period in the appointment regime, because the sanction is automatic and self-executing. Counting: s.78(4) requires that at least 7 days intervene between the day the notice is given and the day the act is done, and because the period is 7 days or less s.78(5) excludes any Saturday, Sunday or public holiday (Christmas Day, Good Friday, or a Banking and F