Law: Arbitration Act, 1940

Section: 8,811,11,20

(i) Arbitration Act, 1940 (X of 1940)- = - —-S. 8-Solc arbitrator-Award by-Setting aside of-Whether dispute cannot be referred to arbitration again—Question of—Contention that after award was made by Sole Arbitrator, he has become fiinctits offico and cannot act as such- So long reference is not superseded, he can be re-appointed as arbitrator provided terms of agreement permit it—To supersede reference is discretion of court—Held: Court has’ not superseded reference and there is nothing in arbitration agreement to indicate that dispute cannot be referred to arbitration again.  [Pp.414415]AB. AIR 1962 SC 1123 ref.  (ii) Arbitration Act, 1940 (X of 1940)-- —Ss. 811—Sole arbitrator—Award by-Setting aside of—Whether application under Section 8 can be treated as application under Section 11 of Act- Question of--A perusal of application under Section 8 would show that it substantially means removal of arbitrator appointed by court and for appointment of another arbitrator—It is possible to treat such application as an application under Section 11 provided facts and circumstances justify it—Held: If a party has made out a case for removal of arbitrator as provided by Section 11, then even if application has been filed under Section 8, it may be treated as an application under Section 11—Held further: Arbitrator did not conduct proceedings in a proper and legal manner and proceeded in post haste merely to frustrate plaintiffs action for his removal.  [Pp.415416]  (iii) Arbitration Act, 1940 (X of 1940)-- —Ss. 8, 11 20—Sole arbitrator—Award by—Setting aside of—Whether sole arbitrator named in arbitration agreement can be substituted—Question of— Court will normally not substitute arbitrator for agreed arbitrator but such provisions in Arbitration Act do not curtail power of court to remove arbitrator and appoint a fresh arbitrator-Held: If requirements of Section 11 are satisfied, court can remove such arbitrator and appoint an arbitrator of its choice. [P.415]C PLD 1966 Karachi 197, PLD 1976 Karachi 496 and AIR 1955 Rajesthan 30 ref. (iv) Arbitration Act, 1940 (X of 1940)-- —S. 11-Sole arbitrator-Award by-Setting aside of-Whcthcr matter may be…

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