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Report No. 76

3.24. Interpretation of section 8(1)(b).-

Whether or not the section would apply in a particular case must be determined by the test laid down in the section itself, namely, that the arbitration agreement must not show that it was intended that the vacancy should not be supplied.1

1. Bharat Construction Co. Ltd. v. Union of India, AIR 1954 Cal 606 (611), para. 8.

Arbitration Act, 1940 Back

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