Report No. 76

3.41. Section 12(1.- Controversy as to case of single arbitrator.-

In sub-section (1) of section 12, the portion consisting of the words "one or more arbitrators (not being all the arbitrators)" creates overlapping with sub-section (2) in regard to a sole arbitrator. Such a case should fall exclusively under sub-section (2). The problem does not arise under the English Act,1 which uses the phrase "an arbitrator (not being a sole arbitrator) or two or more arbitrators (not being all the arbitrators)".

1. Section 25(1), Arbitration Act, 1950 (English)