The supplementary intervention of the court for the appointment of the arbitrator designated by the defaulting party, pursuant to Article 810(2) of the Code of Civil Procedure, is conditional upon the prior service on the counterparty of a formal and unequivocal invitation to proceed with the designation of its own arbitrator, specifying the name of the arbitrator already designated by the applicant party.
Where the arbitration agreement provides that the third arbitrator is to be appointed by agreement between the party-appointed arbitrators and, failing agreement, by the court, the supplementary intervention of the court for the appointment of the third member may be sought only after the appointment of the party-appointed arbitrators has been completed and the time limit for reaching agreement between them has expired, the simultaneous appointment of the second and third arbitrators not being permitted.