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Head Note

The Arbitration and Conciliation Act, 1996  - Section 11 (6) , Section 15 (2)

Substitution of Arbitrator - Recusal of arbitrator - Clause 22.3 of the Supply Contract contemplates appointment of a sole arbitrator by the parties by mutual consent - In a situation where the original arbitrator had recused himself the substitute or new arbitrator is required to be appointed according to the rules that were applicable to the appointment of the original arbitrator - This is the mandate of Section 15(2) of the Act - It was incumbent on the petitioner to give notice and explore the possibility of naming an arbitrator by mutual consent and only on failure thereof the present application under Section 11(6) of the Act could/should have been filed - The above recourse is required to be followed by virtue of the provisions of Section 15(2) of the Act - Application/arbitration petition held to be premature and accordingly not entertained leaving it open for the petitioner to act appropriately, if so advised, in terms of the present order and thereafter seek its remedies as provided by law.

Topic(s)-Arbitration - Substitution of Arbitrator - Recusal of Arbitrator - Law clarified.