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september 1971

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.

KESHAVSINH DWARKADAS KAPADIA ETC,. vs M/S. INDIAN ENGINEERING COMPANY · Niyam