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Report No. 76

3.7. Sectio.- Discretion how to be exercised.-

The grounds on which leave to revoke the authority of an appointed arbitrator or umpire may be granted are not specified in section 5. They were put under five heads in a judgment of the Supreme Court1:-

(1) Excess or refusal of jurisdiction by the arbitrator.

(2) Misconduct of the arbitrator.

(3) Disqualification of the arbitrator.

(4) Fraud.

(5) Exceptional cases.

1. Amarchand v Ambica Jute Mill, AIR 1966 SC 1036 (1042), para. 13 (S.K. Das, J.).

Arbitration Act, 1940 Back

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