Arbitration and Conciliation Act, 1996, Section 11(6), 13, 15 -- Arbitrator - Appointment - Arbitration clause that sole arbitrator would be ED(NR) or his nominee and no one else - It is not open to either of the parties to unilaterally appoint any arbitrator for resolution of the dispute...........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Death of named arbitrator - Substitute arbitrator - Objection can be raised by the parties only if there is a clear prohibition or debarment in resolving the question or dispute or difference between the parties in case of death of the named Arbitrator or their no, availability, by a..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of Arbitrator - Bonafide disputes between parties - Within the scope of arbitration clause - Held, dispute be resolved through arbitration...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of Arbitrator - Plea that disputes are either belated or raised only to avoid liability under contract - Dispute arose in September, 2008 and present application for appointment of arbitration filed in February, 2009 - Held, petition cannot be said to be belated...........
Arbitration Act, 1940, Section 5,11,12,30 -- Arbitrator - Appointment - Court appointing Chief Engineer who was named as arbitrator in the arbitration agreement - Held, once parties enter into contract knowing the role, authority or power of the Chief Engineer in the affairs relating to the contract but nevertheless agree for him to be arbitrator and name him in the..........
Arbitration Act, 1940, Section 12 -- `Bias' as ground challenging appointment of arbitrator - Petitioner raised vague and general objections - No materials, much less cogent, have been placed - No sufficient reason appears on record as to why arbitrator should not have proceeded with arbitral proceedings - Held, test of reasonable apprehension of bias in the mind of a..........
Arbitration and Conciliation Act, 1940, Section 30, 33 -- Award made 15 months after arbitrator had been appointed - Whether award was passed in haste - Held, by no stretch of imagination, it can be said that award was made in haste by arbitrator - Merely because arbitrator was due to retire 1-1/2 months after passing of award, it cannot be said that award was made in..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Once a party files an application u/s 11(6) of the Act, other party extinguishes its right to appoint an arbitrator in terms of agreement...........
Arbitration and Conciliation Act, 1996, Section 11 -- Request by one party to the other for appointment of arbitrator - Failure to appoint arbitrator - Court appointing arbitrator - Held, once there is failure to appoint arbitrator then that party cannot say that Court ought to have given an opportunity to nominate its arbitrator...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitration - Independent arbitrator - Power of Chief Justice/Designate - Held, it is true that in normal circumstances while exercising jurisdiction u/s 11(6), Court would adhere to terms of agreement as closely as possible - But if circumstances warrant, Chief Justice or nominee of Chief Justice is not..........
