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Report No. 76

3.35. Section .- Power of the Court of remove arbitrators, umpires in certain circumstances.-

By section 11, the court is empowered to remove an arbitrator or umpire in certain circumstances. Under sub-section (1), the court may, on the application of any party to a reference, remove an arbitrator or umpire who fails to use all reasonable despatch in entering on or proceeding with the reference and making an award. Jurisdiction under this sub-section-in contrast with the next sub-section-is exercisable only on the application of any party to a reference. We do not think that this position requires to be changed.

It is often stated that arbitrators unduly prolong the proceedings so that the primary object of the law in providing for arbitration-the quick disposal of cases by a person chosen by the parties-is frustrated. There may be truth in this complaint, but it appears to us that the solution lies in the increased use of section 11(1) by a party to the reference who is aggrieved by such delay. No doubt, the relief under sub-section (1) is discretionary, but still it cannot be said that the law is, in substance, defective in this regard. Therefore, sub-section (1) relating to this situation may be left undisturbed.

Arbitration Act, 1940 Back

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