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Report No. 76

3.17. Appointment by consent.-

As regards the second point (appointment by consent), it may be noted, that it is regarded as "inherent in every arbitration agreement",1 that the appointment of the arbitrator or arbitrators must be by consent of all parties (unless there is any provision to the contrary).

1. India Hosiery Works v. Bharat Woollen Mills, AIR 1953 Cal 488 (Chakravarti, C.J.).

Arbitration Act, 1940 Back

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