Supreme Court of India · 1971-09-10
KESHAVSINH DWARKADAS KAPADIA ETC,. vs M/S. INDIAN ENGINEERING COMPANY
- Citation / case number
- SC 1968/60393
- Court
- Supreme Court of India
- Petitioner
- KESHAVSINH DWARKADAS KAPADIA ETC,.
- Respondent
- M/S. INDIAN ENGINEERING COMPANY
- Bench
- RAY, A.N.
Judgment text excerpt
The Supreme Court held that under the Arbitration Act, 1940, the appointment of an umpire by arbitrators does not require the consent of the umpire for validity. The Court distinguished between the appointment and acceptance of the umpire's office, stating that the appointment is effective upon the arbitrators' concurrence, regardless of the umpire's prior consent. The appeal was dismissed, affirming the High Court's decision that the umpire's entry into the reference was valid and the time for making the award was extended.