3 Lapse of demand for arbitration
7.53 By virtue of Art 10 of the Arbitration Order, a notice demanding arbitration will cease to be effective three months after the date of its service unless, within that time, either an arbitrator has been appointed by agreement or, in default, an application has been made to the President of the RICS for the appointment of an arbitrator.
Note that an agreed appointment takes effect from the date of the arbitrator’s acceptance of appointment, not the date when it is notified to the parties.132 If the demand lapses, the facts on which the notice to quit are based will be put beyond challenge, as if no demand had been served at all.133 Clearly, the onus is on the tenant, having served a counter notice demanding arbitration, to follow it up with an application to the RICS for the appointment of an arbitrator within the three months allowed.134
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