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Report No. 76

3.42. Recommendation to amend section 12(1).-

The case where a sole arbitrator is removed by the court is not intended to fall within sub-section (1)-it falls within sub-section (2). On this point, sub-section (2) is more specific, since it specifically mentions, "sole arbitrator". Symmetry between the two sub-sections, as far as possible, would, in our opinion, be desirable. Accordingly, our recommendation is that section 12(1) should be revised as under:-

"(1) Where the court removes an umpire who has not entered on the reference or one or more arbitrators (not being a sole arbitrator and not being all the arbitrators), the court may, on the application of any party to the arbitration agreement, appoint persons to fill the vacancy."

Arbitration Act, 1940 Back

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