https://www.taxtmi.com/caselaws?id=104881 An arbitration clause is not exhausted merely because the named sole arbitrator refuses to act; exhaustion arises only where the agreement shows a clear intention that no substitute will be appointed. If the clause does not exclude vacancy filling, the court may appoint another arbitrator under the applicable statutory power and preserve the contractual reference to arbitration. On the stated facts, the clause did not clearly bar substitution, so the arbitration agreement remained operative despite the named arbitrator's refusal. en-us Mon, 04 Sep 2000 00:00:00 +0530 Thu, 01 Mar 2012 16:44:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=104881 An arbitration clause is not exhausted merely because the named sole arbitrator refuses to act; exhaustion arises only where the agreement shows a clear intention that no substitute will be appointed. If the clause does not exclude vacancy filling, the court may appoint another arbitrator under the applicable statutory power and preserve the contractual reference to arbitration. On the stated facts, the clause did not clearly bar substitution, so the arbitration agreement remained operative despite the named arbitrator's refusal. Case-Laws Companies Law Mon, 04 Sep 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=104881