Arbitration In IndiaAppointment Of Substitute Arbitrator Under Arbitration and Conciliation Act, 1996

April 10, 20160

Supreme Court of India on appointment of substitute arbitrator under  Arbitration and Conciliation Act, 1996 held that

For the purpose of Section 15(2) of  Arbitration and Conciliation Act, 1996 Act, agreement between parties shall be treated as “the rules” that govern the field and appointing authority shall appoint substitute arbitrator according to terms of arbitration agreement.

Thus, when mandate of arbitrator terminates, appointment of substitute arbitrator shall be made in accordance with arbitration agreement unless agreement either expressly or by necessary implication excludes substitution of an arbitrator, whether named or otherwise.

[Shailesh Dhairyawan v. Mohan Balkrishna Lulla, (2016) 3 SCC 619]

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