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Even if the parties provided for appointment of 2 arbitrators, the agreement does not become invalid. Section 11 Arbitration and Conciliation Act, 1996 
  

Narayan Prasad Lohia Vs Nikunj Kumar Lohia

2002(1) RAJ 381 (SC)

 
 


“Even if the parties provided for appointment of 2 arbitrators, the agreement does not become invalid. Under Section 11(3) the two arbitrators should then appoint a third arbitrator who shall act as presiding arbitrator. However, such an appointment should preferably be made in the beginning, even though the two arbitrators may also appoint a 3rd arbitrator at a later stage, i.e. If and when they differ. This ensures that on a difference of opinion the arbitration proceedings are not frustrated. But if the 2 arbitrators agree and give a common award, there is no frustration of the proceedings. In such a case their common agreement would have prevailed, even if the 3rd arbitrator had differed

 
 
  
 
 
 

 

 
 
 
 
 
   

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