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2012 (6) TMI 431 - SC - Companies LawEnforceability of Arbitration agreement on the death of a named arbitrator - petitioner on ground of arbitration clause having no life questions entertaining of application preferred u/s 11 of the Arbitration and Conciliation Act, 1996 - Held that:- Time factor mentioned in the arbitration clause "at any time" is a clear indication of the intention of the parties. "At any time" expresses a time when an event takes place expressing a particular state or condition that is when the dispute or difference arises. The arbitration clause 21 has no nexus with the life time of the named arbitrator. Arbitration clause would have life so long as any question or dispute or difference between the parties exists unless the language of the clause clearly expresses an intention to the contrary. Hence, clause 21 does not prohibit or debar the parties in appointing a substitute arbitrator in place of the named arbitrators. Therefore, High Court was justified in entertaining such an application and appointing arbitrator to adjudicate the dispute and difference between the parties - Petition dismissed.
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