Substitute arbitrator appointment must follow the original contractual procedure before invoking court appointment powers

Where an arbitrator appointed under a contract recuses himself, Section 15(2) requires the substitute appointment to follow the same procedure that governed the original appointment. If the arbitration clause provides for a sole arbitrator to be appointed by mutual consent and no institutional rules apply, the parties must first invoke that contractual mechanism again. A fresh request under Section 11(6) is not maintainable until notice is issued and appointment by mutual consent is explored. On that basis, the petition was treated as premature and not entertainable at that stage.

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Issues: Whether, after the originally appointed arbitrator recused himself, a fresh request under Section 11(6) for appointment of a sole arbitrator was maintainable without first following the contractual procedure for appointment by mutual consent in terms of Section 15(2).

Analysis: The arbitration clause required a sole arbitrator to be appointed by the parties by mutual consent. Once the originally appointed arbitrator recused himself, Section 15(2) required the substitute appointment to be made according to the same rules applicable to the original appointment. As no institutional rules governed the appointment, the contractual mechanism in the supply contract had to be followed again. The petitioner had not first issued notice and explored appointment by mutual consent before invoking the Court's power under Section 11(6).

Conclusion: The petition was premature and was not entertainable under Section 11(6) at that stage.

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