Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Issue of limitation raised to oppose appointment of arbitrator - Said issue being jurisdictional issue cannot be decided by High Court at pre-reference stage u/s 11 of the Act - Issue of limitation be decided by arbitral Tribunal - Former Judge of Supreme Court thus, appointed as Sole..........
Arbitration and Conciliation Act, 1996, Section 11(5) -- Appointment of sole arbitrator - Person interested in outcome or decision of dispute has no power to appoint a sole arbitrator...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of sole arbitrator - Work contract - Memorandum of Understating (MoU) entered into between parties clearly contains an arbitration clause - Dispute pertains to certain communication issued by University whereby purchase order in favour of petitioner executed in furtherance of MoU was kept in abeyance - On..........
Arbitration and Conciliation Act, 1996, Section 11(5), 11(9), 11(12)(a) -- Appointment of sole arbitrator - Impleadment of no, signatory party to an arbitration agreement - Agreement executed between applicant and respondent no.1 having arbitration clause - Respondent no.2/Belgium Company was neither signatory to arbitration agreement nor did have any causal connection..........
Arbitration and Conciliation Act, 1996, Section 11(5), 11(9), 11(12)(a) -- Appointment of sole arbitrator - Arbitration agreement between applicant and respondent no.1 containing arbitration clause - Respondent no.1 company having established under provisions of Indian Companies Act and having its registered office in India - Applicant thus, can pursue its remedy against..........
Arbitration and Conciliation Act, 1996, Section 15 -- Substituted arbitrator - Where mandate of an arbitrator terminates, substitute arbitrator shall be appointed - Former Judge of High Court of Karnataka appointed as sole arbitrator to decide all disputes between parties...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of sole arbitrator - Dispute arisen between parties emanating from partnership deed - Both the partnership agreements are between same parties and have identical arbitration clause - Retired Judge of Himachal Pradesh appointed as Sole Arbitrator subject to declaration being made u/s 12 of the Act and ability..........
Arbitration and Conciliation Act, 1996, Section 7(5), 11 -- Arbitration agreement - Appointment of arbitrator - Coal distribution through e-Auction - Application for appointment of arbitrator dismissed on the ground that disputes relate to different transactions under 2007 Scheme - Individual sale orders emanate out of 2007 Scheme - Arbitration clause in 2007 Scheme would..........
Arbitration and Conciliation Act, 1996, Section 11, 15 -- Appointment of sole arbitrator - Parties consciously agreed that disputes or differences shall be referred to Managing Director himself or his nominee for sole arbitrator - Respondent participated in arbitral proceedings before arbitrator for quite some time and thereafter he cannot turn around and seek appointment..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of sole arbitrator - Challenge as to - When parties have specifically agreed for appointment of sole arbitrator, then no party has right to approach High Court seeking appointment of independent arbitrator...........
