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Report No. 76

3.30. Section 9.-

Section 9 deals with the case where the agreement provides for two arbitrators, one to be appointed by each party, and makes certain provisions regarding the appointment of a new arbitrator or sole arbitrator in case of a vacancy or failure to appoint respectively. This section does not apply where a different intention is expressed in the agreement. How a different intention can be expressed, may be ascertained by referring to reported cases.1-2

The section needs no change.

1. Shaw Wallace & Co. v. Subbien & Sons, ILR 44 Mad 406: AIR 1921 Mad 58.

2. Sasoon & Co. v. Ram Dutt, 49 IA 366: AIR 1922 PC 374 (PC): ILR 50 Cal 1.

Arbitration Act, 1940 Back

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