than clear that, firstly, the parties had agreed to the procedure whereunder the Umpire would participate in the proceedings. In fact, when the question arose ... necessary to recall the procedure which was agreed to by the parties. The procedure agreed was that the Umpire though he will not remain present
that purpose, the Board or such
committee may provide for.
3.1.2.1 Norms, procedures, forms, jurisdiction, terms,
conditions and scale of arbitration fees and other charges ... arbitration.
3.1.2.2 Appointment of conciliation officers, arbitrators,
substitute arbitrators and umpires
3.1.2.3 Procedure for serving notice of hearing and
adjournment of hearings and communications
arbitration which is
intended for settlement of private disputes.
Practice And Procedure: Courts should be slow in taking
decisions which will have effect of shaking ... ground that no reasons have been given by the arbitrator
or umpire, as the case may be, in support of the award.
It was urged
Board of Arbitrators consisting of one
representative of each party and an Umpire acceptable to
both the representatives. The Rule stops short of providing
what ... disposed of by the
Cane Commissioner himself. Where there are two procedures,
one for everyone and the other if the disputants voluntarily
agree to follow
conclusion that the Umpire was
biased. If the High Court was of the opinion that the Umpire should not
have filed the suit, it ought ... misconduct on the part of the Umpire. It may further be noticed that same
procedure was followed on an earlier occasion by the District Judge
procedure, then there would remain no occasion for the respondent-authorities for submitting that the procedure of arbitration and appointment of arbitrators and umpire ... laid down by Clauses 63.3(a) to 63.3(g) dealing with the procedure of arbitration. On the other hand, if it is found that
Civil Procedure, 1882, parties to a suit may apply for an
order of reference to arbitration, in which case, the arbitrator or umpire ... given to the parties by
the arbitrators or umpire.
(3) Where the arbitrators or umpire state a special case under
section 10 , clause
Section 8(2) the Court has the right to appoint an umpire. An umpire however, is different from an arbitrator in this respect that, while ... arbitration agreement or to the umpire a notice in writing stating that they cannot agree, the umpire then has to enter on the reference
reads as under:
Section 8 . Power of Court to appoint arbitrator or umpire-(1) In any of the following cases:
(a) where an arbitration agreement ... that this section lays down the procedure for the appointment of an arbitrator or arbitrators or an umpire in certain cases. Clause
arbitrator or umpire to reconsider it.' There does nto appear to be any provision in the Civil Procedure Code by which a portion ... expressly empowering the Court to remit to the arbitrator or umpire for reconsideration of the award or any matter referred to arbitration, the Legislature only