Report No. 76
11.20. Various tests.-
Of the numerous tests adumbrated by the various High Courts in this regard, a few may be mentioned.
According to one view,1 "entering on the reference" means acceptance of office by the arbitrators and communication with each other.
According to another view2-
"An arbitrator enters upon a reference when, after having accepted the reference, he applies his mind and does something in furtherance and execution of the work of arbitration. The exact date as to when an arbitrator enters on a reference in a particular case, however, has to be determined on the facts and circumstances of the case".
Some other rulings suggest a still different test, e.g. date of entering upon the hearing of a particular claim by the arbitrators.3
1. Bajrang Lal v. Ganesh Commercial Co., AIR 1951 Cal 78 (82, 83 and 85), paras. 34-35 and 52 (Harries, C.J. & Chatterjee, J.).
2. Seneylal Thakur v. Lachhminarain Thakur, AIR 1957 Pat 395 (397), para. 5.
3. (a) Sardar Mal v. Shen Baksh, AIR 1922 All 106;
(b) Ranganathan v. Krishnayya, AIR 1946 Mad 504 (per Leach, C.J.).