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Report No. 76

2.26. English cases of 1953 and 1956.- Later English cases1-2 take a similar wider view.

1. Kruse v. Questier & Co., (1953) 1 All ER 954 (Unexecuted contract) (Filcher, J.)

2. Government of Gibralter v. Kenney, (1956) 3 WLR 466: (1956) 3 All ER 22 (Sellers, J.)

2.27. It would appear that English cases would definitely construe the jurisdiction of the arbitrator in a much wider sense than the Privy Council did.Since the matter might depend upon the wording of the arbitration clause, an express provision in the Act would not be appropriate.

2.28. Sectio.- Question of substitution of agreement.-

Generally, on the whole question of jurisdiction of the arbitrators in such cases, the exhaustive discussion by S.R. Das J., in the under mentioned case1 may be seen.

1. Rungta Sons v. J.T. Republike, AIR 1959 Cal 423.

2.29. Section .-

Presiding Judge as arbitrator.-Sometimes, a party refers the matters to the Judge himself as arbitrator.1-4 There are several Indian rulings dealing with the subject.5-7

The following are other rulings and authorities on the subject 8-11

1. As to parole submission to the Judge, see Russell on Arbitration, (1970), p. 47; and Harrison v. Wright, (1845) 13 M&W 86.

2. Under section 6(b) of the Country Courts Act, 1959, a Judge cannot act as an arbitrator for remuneration-Russell on Arbitration, (1970), p. 85.

3. Russell on Arbitration, (1970), p. 84.

4. See discussion in Sankaranarayana v. Rama Swamiah, AIR 1923 Mad 444.

5. Arati Paul v. Registrar, AIR 1965 Cal 3, on appeal AIR 1969 SC 1133.

6. Dalai v. Jamadar, AIR 1945 Born 478 (Divatia, J.).

7. Kapoor Nilokheri Co-operative Daily Farm Society Ltd. v. Union of India, AIR 1973 SC 1238.

8. Baij Nath v. Dhani Ram, ILR 51 All 903: AIR 1929 All 747 (Mukerjee & Niamatulla, JJ.)

9. Sircar Law of Arbitration in British India, (1942), p. 329.

10. Baikuntha Nath Goswami v. Seets Nath Goswami, 1911 ILR 38 Cal 421.

11. Bengal Silk Mills Co. v. Aishe Aref, AIR 1947 Cal 106 (109), decided on 27-2-1946 (Gentle and Grmond, JJ.) on appeal from AIR 1949 Cal 350, decided on 17th January, 1945 (S.R. Das, J.)



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