Law: Arbitration Act, 1940

Section: 20(4),47,8,Sch.First

(a) Arbitration Act (X of 1940)------- ----S. 20 (4)-In absence of sufficient cause Court can order that arbitration agreement be filed and call upon arbitrator to decide dispute-If parties cannot agree upon arbitrator, Court can appoint arbitrator-Carrying out measurement is not matter of technical nature, hence it is not sufficient cause that Court should not exercise powers under S. 20 (4). The plain meaning of subsection (4.) of section 20 is that in the absence of "a sufficient cause" the Court shall order the agreement to be filed and shall call upon the arbitrator, men­tioned in the agreement of the parties or otherwise agreed to by them, to decide the dispute, and if the parties cannot agree, then the Court shall have a right to appoint another arbitrator. The omission or failure on the part of the arbitrator first appointed by the parties would not make the agreement wholly ineffectual, but the agreement could still be kept alive by the parties by agreement and failing that, by the Court itself. The other ground upon which the Court had refused the application was that the subject-matter of the dispute was of a technical nature and the intention of the parties appeared to be to accept the arbitration of only the persons mentioned in the agreement. There is nothing to suggest that arbitrators possessed any technical knowledge and were chosen for that reason. It is also doubtful whether the carrying out of measurements can be said to be a matter of a nature which could not be performed by any other person well-versed in the art of measurement. Mohan Lal v. Damodar Das 71 P R 1918 ; Brooke v. Sur­dayal (1874) 12 Beng, L R App. 13 ; Sri Ram v. Sorabji 155 P R 1919 and Salig Ram-Bhagat Ram v. Kishen Singh-Sant Ram A I R 1938 Lah. 850 ref. (b) Arbitration Act (X of 1940)------ ----S. 47-Phrase "and to all proceedings thereunder" attracts other sections of Act. The phrase "and to all proceedings thereunder" would attract the other sections of the Act to an application for filing the agreement in Court under section 20. This would make it possible to have recourse to sections 8 and 9 of the Act, the application of which shall not be confined to the proceedings…

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