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Report No. 76

3.8. Sectio.- Effect of revocation of authority-Recommendations.-

It remains now to refer to the position as to the effect of revocation of authority under section 5. Does such revocation put an end to the reference?1 If not, can fresh arbitrators be appointed in respect of the same matter? In our view, revocation does not put an end to the reference, and fresh arbitrators can be appointed in respect of the same matter.2 Reference may also be made to a judgment of the Supreme Court 3 holding that where the award is set aside, but the reference was not superseded by the court, fresh appointment could be made.

All that section 5 deals with, is the authority of the particular arbitrator or umpire, and not the arbitration agreement as such. Supersession4 is governed by section 12(2)(b) which leaves the matter to the discretion of the court. The revocation of the authority of an appointed arbitrator or umpire does not in itself amount to a supersession of the reference. We do not consider an amendment on the point to be necessary.

1. Paras. 3.48 to 3.50, infra.

2. Compare Arbu Hindustan Steel v. Appejay Pot. Ltd., AIR 1967 Cal 291 (293), para. 10 (S. Datta J.)

3. Juggilal Kamlapat v. General Fire Dealers, AIR 1962 SC 1123 (1127, 1128), para. 10: (1962) Stipp 2 SCR 101.

4. As to supersession of the arbitration agreement, see section 12(2)(b).

Arbitration Act, 1940 Back

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