Supreme Court · 2015 INSC 796 · Decided 16 October 2015
Shailesh Dhairyawan v. Mohan Balkrishna Lulla
- Court
- Supreme Court of India
- Citation
- 2015 INSC 796 · [2015] 12 S.C.R. 70
- Case number
- CIVIL APPEAL No. 8731/2015
- Decided
- 16 October 2015
- Bench
- A.K. SIKRI, R.F. NARIMAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 89; Arbitration Act Section 15(2), 8
Headnote
Arbitration and Conciliation Act, 1996: s. 15(2) - Alppointment of substitute arbitrator on resignation of named arbitrator - Applicability of s. 15(2) when arbitrator to whom the matter was referred earlier with the consent of the parties 0 Withdraws therefrom- Held: If arbitration agreement that the parties did not specifically bar the appointment of another arbitrator on the withdrawal of earlier arbitrator appointed by the parties with mutual agreement, s. 15(2) of the Act would be attracted and a substitute arbitrator E could be appointed - Courts have the power to appoint
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