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Authors

O.P. Malhotra

Abstract

Criticizing the controversial Supreme Court ruling that the power of the court to appoint an arbitrator is a judicial power, the author believes that the decision is an incorrect reading of section n1 of the Arbitration and Conciliation Act, 1996 and amounts to judicial legislation. This ruling amplifies the need for judicial and legislative clarification on the power of the court to appoint an arbitrator, so as to fulfil the objectives of the Arbitration and Conciliation Act.

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