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Report No. 76

3.37. Section 11(2).-

More comprehensive and fundamental is the power of the court under sub-section (2) to remove an arbitrator or umpire for misconduct. It is well-established that the scope of "misconduct" in this sub-section extends far beyond what a layman would regard as immoral.1 By its very nature, the expression "misconduct" as employed in this context cannot be defined.

Apart from breach of express provisions of the arbitration agreement or the Arbitration Act, and apart from the all-embracing category of denial of natural justice, there will be other cases where misconduct is constituted for the purposes of this sub-section. Authorities as to the scope and meaning of the express "misconduct" are numerous. But it is hardly of any use to refer to them, since each case depends on its own facts, and no more concrete propositions than have been laid down in the existing sub-section can be deduced from them.

1. Halsbury's, 4th Edn., 1973, Vol. 2, para. 622.

3.38. Section 11(3).-

According to section 11(3), where an arbitrator or umpire is removed under this section, he shall not be entitled to receive any remuneration in respect of his services. This sub-section does not need any change.

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