Arbitration

Arbitration and Conciliation Act, 1996

— S. 15 — Substitution of arbitrator — Scope of word <169>rules<170> in S. 15(2) — Provision for appointment of arbitrator in arbitration agreement, held, included — Said word <169>rules<170> in S. 15(2) obviously refers to the provision for appointment contained in the arbitration agreement or any rules of any institution under which the disputes were referred to arbitration — Said <169>rules<170> are not confined to an appointment under any statutory rule or rule framed under 1996 Act or under a scheme — The term <169>rules<170> only means that appointment of a substitute arbitrator must be done according to the original agreement or provision applicable to the appointment of the arbitrator at the initial stage, (2006) 6 SCC 204-A

Arbitration

Arbitration and Conciliation Act, 1996

— Ss. 11(6) and 15 — Substitute arbitrator — Appointment of, by Chief Justice under S. 11(6) — Jurisdiction when attracted — Absence of specific provision in respect of appointment of substitute arbitrator in arbitration agreement — Effect — Held, before jurisdiction of Chief Justice can be attracted under S. 11(6) there needs to be a failure of appointment procedure as provided for in arbitration agreement — In present case, party concerned not having so failed, held, jurisdiction of Chief Justice under S. 11(6) not attracted — Absence of a specific provision for appointment of a substitute arbitrator is made up by the specific provision in S. 15(2) — Therefore in present case appointing authority originally authorised under the arbitration agreement (Managing Director of respondent) acted correctly in appointing the substitute arbitrator as per the provision applicable to appointment of the arbitrator at the initial stage in the original agreement, (2006) 6 SCC 204-B