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Report No. 76

5.16. Remission to new arbitrator.-

In England,1 the question whether, after an arbitrator dies, the award can be remitted to a new arbitrator, has arisen. The view there taken seems to be, that if, by the agreement to refer, the court has power to appoint an arbitrator in place of the one who had died, and the arbitrator dies after making an award, the award may be remitted to a new arbitrator appointed by the court in accordance with the provisions in the agreement, but not otherwise. The problem does not seem to have arisen in India. In the Code of Civil Procedure, 1908, Second Schedule, paragraph 14, the words used were "same arbitrator", but the word "same" does not occur in the 1940 Act, and did not occur in the 1899 Act.2 The matter may be left as it is, as such a situation may not be frequent.

1. See Russell on Arbitration, (1963), p. 306.

2. See Sircar, (1952), p. 207.

Arbitration Act, 1940 Back

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