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Report No. 76

3.31. Section 10(1) and difference between arbitrators as to choice of umpire.-

Section 10 contains provisions as to cases where the agreement contemplates three or more arbitrators. Under sub-section (1) where the agreement provides that the reference shall be to three arbitrators, one to be appointed by each party and the third by the two appointed arbitrators, then, it shall have effect as if it provided for appointment of an umpire. If the arbitrators fail to appoint an umpire, any party may avail himself of the procedure allowed by section 8(1)(c) for filling up the vacancy. But if the two arbitrators differ as to the person to be appointed as the third arbitrator, the question may arise whether the court can appoint the third arbitrator in exercise of the power conferred by section 8(1)(c). Apparently, the matter is left uncovered, on the principle that the umpire will be acceptable to the parties only if both the arbitrators concur in the appointment.

3.32. Section 10(2).-

Sub-section (2) of section 10 deals with an agreement providing for three arbitrators, to be appointed in any other manner.

Arbitration Act, 1940 Back

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