- (1.) THIS is an application to set aside and declare null and void an award of an Arbitration Tribunal of the Bengal Chamber of Commerce consisting of Messrs. A. W. Mathers and G. M. Gay. The contention is that Mr. Mathers and Mr. Gay were not duly appointed as arbitrators by the Registrar of the Bengal Chamber of Commerce.
(2.) THE dispute relates to a contract which contains an arbitration clause. THE arbitration clause provides that the reference shall be to the arbitration of the Bengal Chamber of Commerce under the rules of its Tribunal of Arbitration for the time being in force and that according to such rules the arbitration shall be conducted. The buyers duly applied for arbitration in accordance with Rule V(1) of the rules of the Tribunal of Arbitration. Under Rule V on receipt of such application the Registrar of the Chamber is enjoined to select and to constitute a Tribunal for the adjudication of the dispute.
(3.) RULE VI which provides for appointment of arbitrators reads as follows: "VI. Unless the agreement to refer the dispute or difference to the Chamber or Tribunal otherwise expressly provides the Court shall consist of two arbitrators, who shall be selected by the Registrar from the Tribunal and appointed in writing under his hand.";