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Report No. 76

3.6. Section 5.-

Section 5 provides that the authority of an appointed arbitrator or umpire shall not be revocable except with the leave of the court, unless a contrary intention is expressed in the arbitration agreement. While on this section, it is relevant to refer to the question whether the authority of the arbitrators comes to an end on the making of the award. The view taken is that1 if the award had been set aside, it means that there is no award, and the authority of the arbitrator does not come to an end.2 In fact, as has been pointed out by Sircar,3 there may be cases where the arbitrator can make successive awards.4

1. Sircar Law of Arbitration in British India, (1942), p. 98.

2. Rikhab v. Trivedi & Co., ILR 51 All 874.

3. Sircar Law of Arbitration in British India, (1942), pp. 98, 241, 242 and 281.

4. See section 27.



Arbitration Act, 1940 Back




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