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Report No. 76

3.23. Recent cases as to named arbitrator.-

It would appear from the trend of comparatively recent decisions,1 that in the absence of a positive intention to the contrary, courts would be inclined to allow the vacancy to be filled up in accordance with the procedure provided by section 8, even in the case of a named arbitrator. This view is preferable from the practical point of view also.

1. For example, Bharat Construction Co. Ltd. v. Union of India, AIR 1954 Cal 606 (611), para. 18.

Arbitration Act, 1940 Back

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