Report No. 76

3.19. Section 8(1)(b).-

This takes us to the next clause of section 8(1). Under section 8(1)(b), if any appointed arbitrator or umpire etc. neglects or refuses to act or is incapable of acting or dies, and the agreement does not show that the vacancy is not to be supplied, and the parties etc. do not supply the vacancy, then a notice may be served by any party on the other party for concurring in supplying the vacancy.

This provision differs from section 10(b) of the English Act of 1950 in certain respects. First, the word used in the Indian Act is 'any', because in that Act, section 10(a) is confined to a single arbitrator in this context. Further, the Indian Act specifically covers the case of 'neglect'. This is not dealt with in section 10(b) of the English Act. The case of an umpire refusing to act in similar situations is dealt with in the English Act in section 10(d).