even name a specific arbitrator with no specific provision
for appointment of another arbitrator on the recusal/withdrawal of the said
arbitrator, the said omission ... difference
between the parties by a substitute arbitrator in case of death or the
named arbitrator or non-availability of the said arbitrator, Courts have
that any provision in an arbitration
agreement, naming the Arbitrator will be invalid if such named arbitrator
is an employee of one of the parties ... agreement by referring the parties to the named arbitrator or named
Arbitral Tribunal. Ignoring the named Arbitrator/Arbitral Tribunal and
nominating an independent arbitrator shall
arbitrator, appoint an
independent arbitrator in accordance with Section 11(8) of the
Act. In other words, referring the disputes to the named
arbitrator shall ... agreement by
referring the parties to the named arbitrator or named Arbitral
Tribunal. Ignoring the named arbitrator/Arbitral Tribunal and
nominating an independent arbitrator shall
named arbitrator. He,
therefore, challenged the very initiation of arbitration proceedings before
the arbitrator as being without jurisdiction.
29) This led to named arbitrator withdrawing ... Rajasthan. He
prayed therein for appointment of new arbitrator in place of earlier named
arbitrator. The application was contested by other son reiterating the same
provision in an ar-
bitration agreement, naming the arbitrator will be invalid if
such named arbitrator is an employee of one of the parties ... agreement by
referring the parties to the named arbitrator or named
Arbitral Tribunal. Ignoring the named arbitrator/Arbitral
Tribunal and nominating an independent arbitrator shall
under registered post on November 28, 1988 to the
named arbitrator. The named arbitrator, however, did not
enter upon the reference within a period ... also contended in the said application for
appointment of arbitrator in place of the named arbitrator
that the Chairman of the Corporation, namely, the first
arbitrator in
place of the arbitrator who refuses to act as an arbitrator, as per the
rules applicable to the appointment of the arbitrator ... whereunder the parties have specifically
debarred appointment of a fresh arbitrator if the named arbitrator
refuses to act and perform his function as arbitrator
Telecommunications Department alone as such Arbitrator, as he was named in the relevant arbitration clause as an Arbitrator to decide the disputes that may arise ... that case also, the Arbitrator was named by designation. Their Lordships observed that such fact of the Arbitrator having been, named in the arbitration clause
whereby the Court is empowered to appoint an arbitrator in Case where a named arbitrator is unable or unwilling to act. There was no such ... with an agreed arbitrator--no matter whether he was named in the agreement itself or agreed to subsequently after the named arbitrator has been unable
competent to appoint an arbitrator of its own choice when the parties agreed to appoint a named arbitrator in the written agreement.
A direct decision ... parties cannot agree upon to appoint an arbitrator. It further held that if the so named arbitrator was not appointed by the parties, such
