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Report No. 76

3.14. Section 8(1)(a.- Comparison with English Act.-

Section 8(1)(a) empowers a party to serve a notice on another party etc. to concur in the appointment of an arbitrator etc., where the arbitration agreement provides that the reference shall be to one or more arbitrators to be appointed by consent of the parties, and the parties do not, after differences have arisen, concur in the appointment or appointments. The section differs from the English Act in two respects; first, the English sections 1is confined to the appointment of a single arbitrator while the Indian Act provides for one or more arbitrators. Secondly, the English Act is not confined to cases where the arbitrator is to be appointed by consent of the parties, while the Indian section is so confined.

1. Section 10, English Act of 1950.

Arbitration Act, 1940 Back

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