Law:

Section:

(a) Arbitration Act (X of 1940)- --- S. 8 (a), (b)--Arbitrator, appointment of, by virtue of office-No difference in principle between appointment of an arbitrator specifically named in agreement and an arbitrator described by virtue of his office-No specific provision in agreement regarding vacancy being not supplied in case of neglect or refusal of named arbitrator to act Arbitration clause making disputes referable to sole arbitrator described by virtue of his office usually occurring in contracts having Government as one of parties, contention that Chancellor of University, appointed sole arbitrator by virtue of his office, having failed to act arbitration no longer enforceable due to such qualifications being not found in any. other person, held, not tenable, power to frustrate agreement to refer to arbitration in such case vesting in arbitrator rather than on principle of bilateralism in parties-Chancellor of University being Governor of Province and such person due to expected to have time to act as arbitrator, argument, held further, virtually makes arbitration clause a dead letter. [Arbitrator]. (b) Arbitration Act (X of 1940) 5. 8-Arbitrator, appointment of, by virtue of office- Contention vice-chancellor appointed arbitrator by virtue of his office-Contract between parties being about an electrification project, argument could have same force if same Engineer appointed as arbitrator in case Traits peculiar to office-Not to be assumed in every case-Such traits found in persons being in a position to give better decision for reasons of professional proficiency and skill-Agreement in referring dispute to arbitration of vice-chancellor of University in respect of electrification project, held, did not intend that only Vice Chancellor and none else could arbitrate in matter. District Co-operative Federation Ltd. v. Khub Chand A I R 1961 H P 35 and Chief Engineer, Buildings & Roads, Jaipur and another v. Harbans Singh A I R 1955 Raj. 30 distinguished. (c) Arbitration Act (X of 1940) S. 20-Agreement to refer to arbitration-Failure to file-Appellant in possession of agreement, ordered to file same in Court but failing to file original agreement and…

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