What is the procedure if the other party does not appoint an arbitrator?
If your Charter Party or contract calls for New York arbitration by three arbitrators, but does not provide for arbitration under the rules of the Society of Maritime Arbitrators, the only way you can compel your opponent to arbitrate is by court action. This will require a lawyer to file a motion to compel arbitration in Federal District Court, usually in the U.S. District Court for the Southern District of New York. The court will be asked to appoint an arbitrator on your opponent’s behalf, to complement the arbitrator you have already named. The two will appoint the third arbitrator. If your Charter Party or contract specifies that the arbitration be conducted under the rules of the Society of Maritime Arbitrators, instead of compelling arbitration in court, you can avoid the costly and time-consuming process of going to court by simply invoking Section 10 of the Rules and by informing your opponent that he has twenty (20) days to appoint his arbitrator, failing which, you can appoi
