Law: Arbitration Act (X of 1940)

Section: 8 , 11 , 12

Arbitration Act (X of 1940)-- ---Ss.8, 11 & 12--Removal of arbitrator and substitution thereof--Once award was made and filed in Court, proceedings for removal of arbitrator and for substitution thereof, if pending in Court, must lie dormant--Such proceedings could be revived and taken up again if and when, award was set aside. Murari Lai v. Gopalchand A I R 1973 Delhi 251 ref. Arbitration Act (X of 1940)-- --S.11--Removal of arbitrator--Where application for removal of arbitrator under S.11 was pending before Court and award given by arbitrator was not filed in Court, arbitrator, would become functus officio and application could be dismissed as infructuous. Fazal Muhammad v. West Pakistan 1975 SCMR 312 ref. Arbitration Act (X of 1940)-- ---Ss.11 & 12--Substitution of arbitrator--Extreme caution, should be exercised by Court in substituting arbitration forum even on setting aside of award. K.B. Allah Bux Gabole v. Razia Begum PLD 1961 Kar. 455 ref. Arbitration Act (X of 1940)-- ---Ss.11, 12, 14 & 30--Award--Setting aside of--Arbitration forum is exclusive jurisdiction based on a choice of parties--Award rendered proceedings is not to be lightly interfered with as grounds for interference are limited--Out of such grounds an error of law apparent on face of award, misconduct on part of arbitrator or in proceedings, which does not necessarily involve moral turpitude, but where legal misconduct was enough, are recognized. Arbitration Act (X of 19.10)-- ---Ss.5, 8, 11, 12 & 14--Appointment of arbitrator--When a functionary of a party, was by contract nominated and conferred high authority of resolving, disputes inter parties, such nominated arbitrator, who was usually a responsible functionary was expected to show not only signal but model impartiality in resolution of dispute as and when referred to him. Arbitration Act (X of 1940)--   ---Ss.8, 13 & 30--Misconduct--Proof--Arbitration forum, though not bound by rules of procedure or even of law of evidence, but even then such forum could n, t proceed in disregard of all evidence--Sole arbilrator, appointed in case having proceeded without evidence or even without calling upon parties to…