IN RE AN ARBITRATION BETWEEN MODERN ROAD CONSTRUCTION COMPANY PTY. LTD.

[1931] VLR 214·MANN J.
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[1931] VLR 214
1931 VLR 214
IN RE AN ARBITRATION BETWEEN MODERN ROAD CONSTRUCTION COMPANY PTY. LTD. Supreme Court of Victoria MANN J. May 21, 22, 25 May 1931 Arbitration — Arbitrator — Appointed arbitrator disqualified by interest — "Incapable of acting" — Application to Court for appointment of arbitrator — Disqualification negatived by contract — Arbitration Act 1928 (No. 3637), sec. 6 (b) .

An arbitrator is not "incapable of acting" within the meaning of sec. 6 (b) of the Arbitration Act 1928 merely because he is incapable of acting fairly and in a judicial manner by reason of his interest in the matter in dispute.

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[1931] VLR 214

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