Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Chief Justice of High Court or the designated judge while exercising power u/s 11(6) of the Act is not bound to nominate an arbitrator as specified in the agreement for arbitration and is free to appoint an independent arbitrator...........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - While delving into appointment of arbitrator u/s 11 of the Act, regard being had to the nature of agreement as stipulated u/s 7 of the Act - Judge designated is obliged to consider the nature of agreement and whether document requires to be stamped or not, and if so, whether requisite..........
Arbitration and Conciliation Act, 1996, Section 12 -- Appointment of arbitrator - Amended provision puts an embargo on a person to act as an arbitrator, who is employee of party to dispute - It also deprives a person to act as an arbitrator if he had been consultant or advisor or had any past or present business relationship with party in dispute...........
Arbitration and Conciliation Act, 1996, Section 11, 12 -- Appointment of arbitrator - Merely because person is retired officer from Government or other statutory corporation or public sector undertaking and had no connection with party in question, he would not be treated as ineligible to act as arbitrator - Only those persons who fall in the categories mentioned in the..........
Arbitration and Conciliation Act, 1996, Section 11, 12 -- Appointment of sole arbitrator - Respondent forwarded the list of all 31 persons on its panel thereby giving a very wide choice to petitioner to nominate its arbitrator - They are not employees or ex-employees or in any way related to respondent - Moreover, persons who are ultimately picked up as arbitrator would..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment of - Specific clause in contract about reference of dispute to arbitrator appointed by petitioner - Petitioner agreed to appoint arbitrator subject to withdrawal of civil matter filed by respondent - However, respondent without withdrawing civil matter directly approached Civil Court for..........
Arbitration and Conciliation Act, 1996, Section 11(5) -- Appointment of arbitrator - Arbitration agreement not disputed - Mutual settlement of dispute arising between parties not possible - Arbitrator appointed...........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22, Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Dispute between parties on account of no, payment of monthly rent fixed as per agreement for use of transformer - Respondent is not agreeing on the name of the arbitrator proposed by the applicant - Therefore, Court by..........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Appointment of arbitrator - S. 22 of the Act does not debar the arbitration proceedings under the Arbitration and Conciliation Act, 1996...........
Arbitration and Conciliation Act, 1996, Section 11, Rajasthan Stamp Act, 1999, Section 37 -- Appointment of arbitrator - An arbitrator cannot be appointed u/s 11 of Arbitration and Conciliation Act on the basis of document/MOU, which is liable to be impounded u/s 37 of Rajasthan Stamp Act...........
