A. I. R. 1921 Allahabad 361. ::(1921) 59 Ind Cas 667

Allahabad High Court

Hon'ble Judge(s): Sulaiman, Kanhaiya Lal , JJ

Arbitration - Private arbitrator cannot be compelled to act against his own will. The Court has no authority to compel a private arbitrator to arbitrate against his own will. It is one of the most essential principles of the law of arbitration that the adjudication of disputes by arbitration should be the result of the free consent of the arbitrator to undertake the duties of arbitrating between the contending parties who have agreed to repose confidence in his judgment. The Court will not be justified in sending a notice to the arbitrator calling upon him to send his award by a particular date or to explain why he should not be proceeded against for contempt of Court.