Arbitrator substitution after resignation must follow the original appointment rules and be made within a reasonable time.

Section 15 of the Arbitration and Conciliation Act, 1996 governs termination of an arbitrator's mandate and substitution in accordance with the rules applicable to the original appointment. Where the arbitration clause required the arbitrator to be a Fellow of the Indian Institute of Architects, the substitute appointed after resignation satisfied that qualification. Because neither the contract nor section 15 fixed a substitution period, the replacement had to be made within a reasonable time; on the stated facts, the substitute was appointed before service of notice of the petition. The provisions on initial appointment under section 11(5) and section 11(6) were treated as inapplicable to substitution of an already appointed arbitrator.

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Issues: Whether, on the resignation of an appointed arbitrator, the respondent had validly substituted him with another arbitrator within a reasonable time so as to preclude court intervention under section 15 of the Arbitration and Conciliation Act, 1996.

Analysis: Section 15 governs termination of an arbitrator's mandate and substitution of the arbitrator in accordance with the rules applicable to the appointment of the arbitrator being replaced. The arbitration clause required the arbitrator to be a Fellow of the Indian Institute of Architects, and the substitute appointed by the respondent satisfied that requirement. The Court found that no time limit for substitution was prescribed in the contract or under section 15, so the substitution had to be made within a reasonable time. On the facts, the substitute arbitrator had been appointed before service of notice of the petition, and there was no plea of bias or challenge to his qualifications. The provisions dealing with initial appointment of arbitrators under section 11(5) and section 11(6) were held to be inapplicable to substitution of an already appointed arbitrator.

Conclusion: The respondent had validly substituted the resigned arbitrator within a reasonable time, and no further direction for court appointment of an arbitrator was warranted.

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