The Eastern Cape team is up against the Melbourne Rebels for a place in the expanded rugby competition from 2011.
Sanzar, made up of the South African, Australian and New Zealand rugby boards, yesterday failed to agree on who should be awarded the vacancy.
They decided at their meeting in Brisbane that the matter would be referred to an independent arbitrator.
With Australia throwing its weight behind the Rebels and South Africa supporting the Kings, no vote was taken yesterday.
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