The Court: This is an application under Section 11 and 12 of the
Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act) read
with sections 14 and 15 thereof.
The petitioner submits that this is a fit case to record termination of the
mandate of the learned arbitrator and for appointment of a substitute arbitrator by
referring the dispute in exercise of power under Section 11(6) of the said Act. It is
further submitted that the arbitrator was unilaterally appointed and that is a good
ground for termination of the mandate.
Mr. Basu, learned senior advocate submits that until and unless the
provisions of section 31(5) of the said Act are complied with by the learned arbitrator,
the arbitral proceeding does not terminate in terms of section 32 of the said Act. Mr.
Basu submits that after the arbitral award was published, a signed copy of the same
should have been delivered to the petitioner. An unsigned copy of the award was
delivered. He further submits that the signature of the arbitrator in original, ought to
have been reflected in the award.