Law: Civil Procedure Code (V of 1908)

Section: O.XLVII,r.1

Law: Civil Procedure Code (V of 1908)

Section: O.XLVII,r.1

Law: Arbitration Act, 1940

Section: 20(4),4

(a) Civil Procedure Code (V of 1908)----- -----O. XLVII, r.1---­Mistake apparent on face of record-Court referring case to arbitration in accordance with wrong para. of agreement­ Review lies. Where each of paras. 14 and 46 of the agreement embodied conditions as to reference to arbitration in cases of disputes of different natures and the Court by a slip, ordered the case to be referred to arbitration in accordance with the conditions of para. 14, whereas, para. 46 was the correct para. applicable to the case Held that the mistake could be set right by a Review of the order. (b) Arbitration Act (X of 1940)----- ----S. 20 (4) read with S. 4-Words " Arbitrator appointed by the parties " include an arbitrator to be appointed by a person designated in the agreement. Held that the intention underlying section 20 is that the parties should have arbitration in accordance with the valid agreement into which they had entered. The words used in section 20 are no doubt " the arbitrator appointed by the parties ", but taking into consideration section 4, these words are capable of an interpretation which includes " an arbitrator to be appointed by a person designated in the agreement ". An arbitrator who is appointed by the person designated can also be said to be a person appointed by the parties. Where, therefore, -an arbitrator had not been appointed by the parties, either in the agreement or otherwise and the parties were not agreeing upon an arbitrator, but, the agreement provided that an arbitrator would be appointed by a person designated in the agreement, reference by Court to the arbitrator appointed by the person designated was held in order. (c) Arbitrator--- ----Appointment-Not invalidated by arbit­rator's interest in dispute known to parties. Known interest of an arbitrator does not in any way invalidate the appointment it is only in 4 case where such an interest is concealed or comes into existence after the appointment that the appointment is rendered invalid or liable to be revoked. Jubilee Chamber of Commerce Ltd. v. Amrit Sha A I R 1940 Lah. 180, Mc-Kanzies Ltd., v. Sulleman & Co., A I R 1933 Sind 75, Mulchand Sobhraj v. Radakishin Parumal A I R 1926…

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