Section 15(2) of the Arbitration Act I

My Lord, What is the meaning of the word ‘rules’ as appearing in Section 15(2) of The Arbitration and Conciliation Act, 1996?

Under Section 15(2) of the Act in a situation where the mandate of an Arbitrator terminates, a Substitute Arbitrator is required to be appointed according to the rules that were applicable to the appointment of the Arbitrator who is replaced. In Yashwith Constructions v. Simplex and, (2006) 6 SCC 204 the term ‘rules’ appearing in Section 15(2) of the Act has been understood to be referring to the provisions for appointment contained in the Arbitration Agreement or any rules of any Institution under which the disputes are to be referred to Arbitration.”

Hon’ble Justice Ranjan Gogoi, Huawei Technologies Co. Ltd. v. Sterlite Technologies Ltd., [Arbitration Case (Civil) No.27 of 2015].

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