Report No. 76

3.21. Judicial decisions under section 8 as to named arbitrators.-

Sometimes doubts have been expressed as to whether section 8(1)(b) at all applies to a case where a named arbitrator, obviously chosen for the possession of qualifications special to him, has become unavailable or refuses to act. It would appear that however individual the choice may be, if the agreement contains sufficient indication that the parties, nevertheless, intended that in default of their original nominee they would be prepared to fill up the vacancy by choosing the other arbitrator, then the section would apply, and a new appointment may be made either by the parties or by the court, as the case may be.1

1. Compare Karan Chand v . Sant Ram Tara chand AIR 1958 Punj 418 (419), para. 4 (Gurnam Singh, J.).