Arbitration and Conciliation Act, 1996, Section 11(6), 42 -- Appointment of arbitrator - Territorial jurisdiction - Respondent before filing an application u/s 11(6) of the Act moved an application u/s 9 of the Act before Court at Visakhapatnam - In that view of matter considering S.42 of the Act, High Court of AP alone would have jurisdiction to decide subsequent..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Limitation - Dispute between parties arose in the year 2007 whereafter applicant for first time sent a legal notice to respondents for appointment of arbitrator whereupon respondents responded by their letter asking applicant to deposit necessary 10% of claim amount failing which it would..........
Civil Procedure Code, 1908, Order 26, Rule 11, Arbitration Act, 1940, Section 21 -- Appointment of Commissioner/arbitrator - Application was filed by plaintiff for appointment of Commissioner/arbitrator to conduct an enquiry in respect of accounts by a competent Chartered Accountant - Said application cannot be read as an application moved on prior agreement or consensus..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Application u/s 11(6) of the Act filed after 32 years from the date of completion of work - Appellant who served legal notice invoking arbitration clause and requesting for appointment of an arbitrator after a period of approximately 32 years - Appellant cannot contended that his..........
Arbitration and Conciliation Act, 1996, Section 11(5) -- Appointment of arbitrator - Application u/s 11 of the Act is required to be decided and disposed of at the earliest, within one year, otherwise, object and purpose of Act shall be frustrated...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - While dealing with petition u/s 11 of the Act, Court by default would refer the matter when contentions relating to non-arbitrability are plainly arguable - In such case, issue of non-arbitrability is left open to be decided by Arbitral Tribunal - In the instant case issues of non..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of sole arbitrator - Insufficient stamp duty on arbitration agreement - Issue of insufficiently or incorrectly stamped arbitration agreement can be finally decided at a later stage - Court cannot review or go into this aspect u/s 11(6) of the Act...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of sole arbitrator - Insufficient stamp duty on arbitration agreement - Stamp duty has been paid on agreement - Whether it is insufficient or appropriate is a question that may be answered at a later stage - Former Judge of High Court of Karnataka appointed as sole arbitrator to adjudicate the issues...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of sole arbitrator - Once an application u/s 11(6) of the Act has been filed for appointment of arbitrator before High Court, the other party forfeited their right to appoint arbitrator, High Court alone holds jurisdiction to appoint arbitrator in exercise of power u/s 11(6) of the Act...........
Arbitration and Conciliation Act, 1996, Section 14, 11, 12(5), 15 -- Termination of mandate of Arbitrator and appointment of a new arbitrator - Earlier Arbitral Tribunal lost its mandate by operation of law in view of S.12(5) read with Seventh Schedule of the Act - Fresh Arbitrator has to be appointed under the provisions of Arbitration Act...........
