https://www.taxtmi.com/caselaws?id=198401 A vacancy in the office of a named arbitrator may be filled under Section 8(1)(b) of the Indian Arbitration Act, 1940 unless the arbitration agreement itself shows an intention that the vacancy should not be supplied. Mere silence in the clause does not exclude the statutory power, and designation of the arbitrator by office alone was treated as insufficient to show an intention against substitution, particularly where the disputes were not of a special or technical character. The court therefore accepted that a substitute arbitrator could be appointed and rejected the lower courts' contrary reading of the statutory test. en-us Mon, 12 Oct 1970 00:00:00 +0530 Tue, 30 Jan 2018 16:10:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198401 A vacancy in the office of a named arbitrator may be filled under Section 8(1)(b) of the Indian Arbitration Act, 1940 unless the arbitration agreement itself shows an intention that the vacancy should not be supplied. Mere silence in the clause does not exclude the statutory power, and designation of the arbitrator by office alone was treated as insufficient to show an intention against substitution, particularly where the disputes were not of a special or technical character. The court therefore accepted that a substitute arbitrator could be appointed and rejected the lower courts' contrary reading of the statutory test. Case-Laws Companies Law Mon, 12 Oct 1970 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198401