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TypeBare Act JurisdictionCentral Government

Arbitration Act, 1940 [Repealed] Section 8

Power of Court to Appoint Arbitrator of Umpire

~1 min read
https://sooperkanoon.com/act/35781

Bare act section · Research

About this section

Arbitration Act, 1940 [Repealed] Section 8 is part of Arbitration Act, 1940 [Repealed] - Power of Court to Appoint Arbitrator of Umpire. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

(1) In any of the following cases,-

(a) where an arbitration agreement provides that the reference shall be to one or more arbitrators to be appointed by consent of the parties, and all the parties do not, after differences have arisen, concur in the appointment or appointments; or

(b) in any appointed arbitrator or umpire neglects or refuses to act, or is incapable of acting, or dies, and the arbitration agreement does nor show that it was intended that the vacancy should not be supplied, and the parties or the arbitrators, as the case may be do not supply the vacancy; or

(c) where the parties or the arbitrators are required to appoint an umpire and do not appoint him;

any party may serve the other parties or the arbitrators, as the case may be, with a written notice to concur in the appointment or appointments or in supplying the vacancy.

(2) If the appointment is not made within fifteen clear days after the service of the said notice, the Court may, on the application of the party who gave the notice and after giving the other parties an opportunity of being heard, appoint an arbitrator or arbitrators or umpire, as the case may be, who shall have like power to act in the reference and to make an award as if he or they had been appointed by consent of all parties.

Frequently asked questions

What does Arbitration Act, 1940 [Repealed] Section 8 provide?

Section Section 8 of the Arbitration Act, 1940 [Repealed] (Power of Court to Appoint Arbitrator of Umpire) is reproduced on this page as part of the Arbitration Act, 1940 [Repealed]. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Arbitration Act, 1940 [Repealed] Section 8?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Arbitration Act, 1940 [Repealed] Section 8. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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