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Saturday, February 23, 2008

procedure for appointment of substitute arbitrator

When Section 15(2) says that a substitute arbitrator can
be appointed according to the rules that were applicable
for the appointment of the arbitrator originally, it is not
confined to an appointment under any statutory rule or
rule framed under the Act or under the Scheme. It only
means that the appointment of the substitute arbitrator
must be done according to the original agreement or
provision applicable to the appointment of the arbitrator
at the initial stage. We are not in a position to agree with
the contrary view taken by some of the High Courts
.

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