Arbitration and Conciliation Act, 1996, Section 11(6), 20 -- Appointment of arbitrator - Jurisdiction - Parties agreed that `venue' of arbitration shall be at Bhubaneswar - Intention of parties is to exclude all other Courts - Non use of words like `exclusive jurisdiction', `only', `exclusive', `alone' is not decisive and does not make any material difference - Held, it is..........
Arbitration and Conciliation Act, 1996, Section 34, 12 -- Arbitral award - Setting aside - Ground of impartiality of arbitrator - Arbitrator acted as a counsel in other cases for one of parties to arbitral proceedings - He proceeds with the matter in absence of appellants without disclosing said facts as per S.12(1) of the Act, despite objection raised with regard to his..........
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 11(6) -- (as amended by Act, 2016) - Application for appointment of arbitrator before High Court - Maintainability - Execution of work contract containing arbitration clause was prior to date of amendment and notice for reference to arbitration issued in year 2017 - However, Amendment Act, 2016 applies from date on which..........
Arbitration and Conciliation Act, 1996, Section 11(6), 12 -- Appointment of arbitrator - Eligibility - A person having become ineligible by operation of law, cannot nominate a person - If nomination of an arbitrator by an ineligible arbitrator is allowed, it would tantamount to carrying on the proceedings of arbitration by himself...........
Arbitration and Conciliation Act, 1996, Section 12(5) -- Appointment of arbitrator - Challenge as to - Where a person becomes ineligible to be appointed as an arbitrator, there is no question of challenge to such arbitrator, before such arbitrator - His mandate automatically terminates and he shall then be substituted by another arbitrator u/s 14(1) of the Act itself - If..........
Arbitration and Conciliation Act, 1996, Section 12(5) -- Appointment of arbitrator - Challenge as to - Managing Director of appellant could not have acted as an arbitrator himself being rendered ineligible to act as arbitrator, as there is arbitrator's relationship with parties, consequently any appointment made by him would be null and void - There is no express agreement..........
Arbitration and Conciliation Act, 1996, Section 11(6), 15(2), 34 -- Application for appointment of arbitrator - Non-adjudication with regard to limitation and/or validity of the counter claim made and/or decision by Council operating as res-judicata - As per the mandate of the arbitral Tribunal appointed by the parties stood terminated with their withdrawal from the office..........
