cover image: The Calcutta Law Journal - Reports of Cases  Decided by the Supreme Court of India and by the High Court at Calcutta - July to December 1953

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The Calcutta Law Journal - Reports of Cases Decided by the Supreme Court of India and by the High Court at Calcutta - July to December 1953

1953

of the different arbitrators it is inherent in the agreement that the appointment of the arbitrator or each of the several arbitrators must be by consent of all the parties. [...] The learned Judge held dial in view of the definition of arbitration agreement as contained in section 2(a) of the Act it was not necessary that any arbitrator should he named and since section 20 of the Act expressly authorised the Court to make an order of reference to the arbitrator appointed b the parties or in the absence of agreement between them."THE CALCUTTA LAW JOURNAL. [...] In any event if it was possible under the old Act or is possible under the corresponding provision in the English Act for the Court to appoint an arbitrator even in the case of the agreement merely providing for reference to arahitration the reason is not that Rule n of the Schedule contained or the Schedule in the English Act contains a reference to the absence of any provision for the mode [...] Where therefore the agreement does not assign the right of appointment distributively to different parties in respect of different arbitrators it is inherent in the agreement that the appointment of the arbitrator or of each of the several arbitrators must be by the consent of all parties. [...] the agreement does not specify the number of arbitrators nor specifies the mode of appointment the Court first takes the agreement as providing for reference to a single arbitrator by reason of the provisions of Rule t of Schedule I then takes the mode of appointment intended necessarily to be appoinment by consent of the parties and next if it finds that the parties cannot concur in the a
law
Pages
331
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
Frontmatter
i-xv Ramendra Majumdar view
The Calcutta Law Journal
1-316 Ramendra Majumdar view

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