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 20 -- Place of arbitration - (i) Parties are free to agree on the place of arbitration notwithstanding the fact that no part of cause of action has arisen within its jurisdiction; (ii) Place of arbitration can also be determined by the Arbitrator in the absence of any agreement between the parties in that regard; (iii)..........
Arbitration and Conciliation Act, 1996, Section 34, 4, 16(2) -- Arbitration award - Jurisdiction - Objection with regard to competence/jurisdiction of Arbitral Tribunal not raised before Arbitrator - Objection to jurisdiction deemed to be waived - Cannot be raised for the first time in Court...........
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...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - For the purpose of setting into motion the arbitral procedure the Chief Justice or his designate is required to decide the issues, namely, (i) territorial jurisdiction, (ii) existence of an arbitration agreement between the parties, (iii) existence or otherwise of a live claim, and (iv)..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Issues as to (a) whether claimed is a dead (long barred) claim or a live claim; (b) whether the parties have concluded the contract/transaction by recording satisfaction of their mutual rights and obligation or by receiving the final payment without objection, when raised in an application..........
