Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - In a situation where procedure and process under the Act has been rendered futile, power of Court to depart from agreed terms of appointment of arbitrators must be acknowledged...........
Arbitration and Conciliation Act, 1996, Section 11(6) - - Appointment of Arbitrator - Application rejected on the ground that no arbitration agreement exists - Subsequently parties have filed joint application showing name of arbitrator mutually agreed between them - Impugned order set aside and matter referred to arbitration...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of third arbitrator - Respondent recognized that petitioner No.1 is operator on behalf of all contractors, namely, Reliance, Niko and BP - Petitioner No.1 is acting on behalf of all three contractors - Notice was served by RIL in capacity of operator - Dispute between parties clearly identified in..........
Arbitration and Conciliation Act, 1996, Section 11(6), Production Sharing Contract, Article 33.5, 33.6, United Nations Commission on International Trade Law Model Law, Article 11(5), United Nations Commission on International Trade Law Rules, 1976, Article 6(4) - - Appointment of third arbitrator - Held, Art.33.6 virtually leaves it to Chief Justice of India to appoint..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of third arbitrator - Held, when CJI exercises his jurisdiction u/s.11(6) he is to be guided by provisions contained in the Act of 1996 and generally accepted practices in other international jurisdictions - CJI would also be anxious to ensure that no doubts are cast on neutrality, impartially and..........
Arbitration and Conciliation Act, 1996, Section 11, Production Sharing Contract, Article 33.6 - - Appointment of third arbitrator - No agreement between parties to chose third arbitrator from India only - Held, S.11(9) specifically empowers CJI to appoint an arbitrator of a nationality other than nationality of parties involved in litigation - Merely because two..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of third arbitrator - Held, merely because, seat of arbitration is in India, applicable law is Indian Law; it does not become incumbent on Court to appoint third arbitrator, who is an Indian national...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of a foreign national as third and presiding arbitrator - Apprehension of lack of knowledge of Indian Laws - Held, parties have already appointed one retired CJI each - Apprehension speculative...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitrator - Existence of dispute is essential for appointment of an arbitrator - Mere failure or inaction to pay does not lead to the inference of existence of dispute - When claim is denied on many grounds then it would be inappropriate to say that there was inaction or mere denial...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Chief Justice when comes to a finding that there exists a live issue, then naturally this finding includes a finding that respective claims of parties have not become barred by limitation...........
