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Report No. 76

3.40. Section 12.-

Section 12, dealing with the powers of the court in cases where an arbitrator is removed or his authority is revoked, divides itself into two portions: sub-section (1) deals with the case where an umpire who has not entered on the reference is removed or "one or more arbitrators (not being all the arbitrators)" are removed; while sub-section (2) concerns it self with the case where the authority of an arbitrator or arbitrators or umpire is revoked, or an umpire who has entered on the reference, is removed or a sole Arbitrator or all the arbitrators are removed.

In the former case, the court can fill up the vacancy. In the latter case, it can either fill up the vacancy or order that the arbitration agreement shall cease to have effect with respect to the dispute referred to. The section is subject to certain modifications in the case of arbitrations in suits (section 25) and is not applicable to statutory arbitrations (section 46).

Arbitration Act, 1940 Back

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