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Report No. 76

3.43. Section 12(2).-

Under section 12(2), where the authority of an arbitrator or arbitrators or an umpire is revoked by leave of the court or where the court removes an umpire who has entered on the reference or a sole arbitrator or all the arbitrators, the court may , on the application of any party to the arbitration agreement, either-

(a) appoint a person to act as sole arbitrator in the place of the person or persons displaced, or

(b) order that the arbitration agreement shall cease to have effect with respect to the difference referred.

No changes are required in this sub-section.

Arbitration Act, 1940 Back

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