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    <title>2004 (2) TMI 725 - Supreme Court</title>
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    <description>Where an arbitration agreement mandates referral of disputes to two arbitrators who must be gazetted railway officers of equal status, the court cannot appoint a sole arbitrator outside that exclusive contractual procedure. Section 20 of the Arbitration Act, 1940 does not permit disregard of the agreed mode of appointment when the contract expressly restricts both the number and category of arbitrators. The appointment of a sole arbitrator was therefore unsustainable and was set aside, and the parties were directed to proceed in accordance with the contractual mechanism by appointing two gazetted railway officers as arbitrators.</description>
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    <pubDate>Thu, 05 Feb 2004 00:00:00 +0530</pubDate>
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      <title>2004 (2) TMI 725 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=281018</link>
      <description>Where an arbitration agreement mandates referral of disputes to two arbitrators who must be gazetted railway officers of equal status, the court cannot appoint a sole arbitrator outside that exclusive contractual procedure. Section 20 of the Arbitration Act, 1940 does not permit disregard of the agreed mode of appointment when the contract expressly restricts both the number and category of arbitrators. The appointment of a sole arbitrator was therefore unsustainable and was set aside, and the parties were directed to proceed in accordance with the contractual mechanism by appointing two gazetted railway officers as arbitrators.</description>
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      <pubDate>Thu, 05 Feb 2004 00:00:00 +0530</pubDate>
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