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    <title>2006 (7) TMI 579 - Supreme Court</title>
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    <description>On the resignation of an originally appointed arbitrator, the substitute arbitrator must be appointed under the same mechanism that governed the original appointment, including the arbitration agreement itself. Section 15(2) of the Arbitration and Conciliation Act, 1996, was read as requiring continuation of the agreed appointment procedure, so where the Managing Director was empowered to make the original appointment, that contractual power also governed substitution. As there was no failure to act under the arbitration agreement, recourse to the Chief Justice under Section 11(6) was not available.</description>
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      <title>2006 (7) TMI 579 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=159656</link>
      <description>On the resignation of an originally appointed arbitrator, the substitute arbitrator must be appointed under the same mechanism that governed the original appointment, including the arbitration agreement itself. Section 15(2) of the Arbitration and Conciliation Act, 1996, was read as requiring continuation of the agreed appointment procedure, so where the Managing Director was empowered to make the original appointment, that contractual power also governed substitution. As there was no failure to act under the arbitration agreement, recourse to the Chief Justice under Section 11(6) was not available.</description>
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