Home Case Index All Cases Companies Law Companies Law + SC Companies Law - 2003 (9) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2003 (9) TMI 537 - SC - Companies LawPower of Court to remove arbitrators or umpire in certain conditions - Held that:- Appeal dismissed. The Court having regard to the duty imposed upon the arbitrator held that the arbitrators enter on the reference as soon as they have accepted their appointment and have communicated to each other about the reference. If the Arbitrator fails in his duty to enter on the reference or make a public award during the period stipulated under rule 3 of the First Schedule indisputable a cause of action will arise for this removal or appointment of a new arbitrator in terms of sections 11 and 12 of the 1940 Act. The words "commencement of the arbitration proceedings" have not been defined in the 1940 Act. They have to be given their ordinary meaning having regard to the provisions contained in Chapter II thereof.
|