Arbitration and Conciliation Act, 1996 - Section 11(6) - Appointment of Presiding Arbitrator/Chairperson of Arbitral Tribunal

Arbi­tra­tion and Con­cil­i­a­tion Act, 1996 — Sec­tion 11(6) — Appoint­ment of Pre­sid­ing Arbitrator/Chairperson of Arbi­tral Tri­bunal — Arbi­tra­tion and Con­cil­i­a­tion Act, 1996 — Sec­tion 11(6) — Appoint­ment of Pre­sid­ing Arbitrator/Chairperson of Arbi­tral Tri­bunal — Respon­dent denied exis­tence of arbi­tra­tion agree­ment — Appli­ca­tion made since two arbi­tra­tors were unable to arrive at a con­sen­sus with regard to appoint­ment of Pre­sid­ing Arbitrator/Chairperson — Con­di­tions nec­es­sary for exer­cise of designate?s power under Sec­tion 11(6) and judi­cial deter­mi­na­tion nec­es­sary by the des­ig­nate to decide pre­lim­i­nary objec­tion — Chief Jus­tice or his des­ig­nate has wide dis­cre­tion to decide what oral or doc­u­men­tary evi­dence is nec­es­sary to make an effec­tive find­ing on juris­dic­tional issue — Since there exists a valid agree­ment which con­tem­plates that all dis­putes between par­ties are to be referred to arbi­tra­tion and agree­ment pro­vided appli­ca­tion of Indian law, which would not be deemed or con­strued to be a waiver of petitioner?s right to have the third or Pre­sid­ing Arbi­tra­tors from a neu­tral coun­try — Agree­ment being an ?Inter­na­tional Com­mer­cial Arbi­tra­tion?, arbi­tra­tion invoked within the mean­ing of Sec­tion 2(1)(f) of the Act — Peti­tion allowed — Retired Judge of Supreme Court appointed as Chairman/Presiding Arbi­tra­tor of Arbi­tral Tri­bunal. To get cita­tion of this judg­ment email link of this post to advppc1@gmail.com

Arbitration and Conciliation Act, 1996 - Section 11(6) - Appointment of Presiding Arbitrator/Chairperson of Arbitral Tribunal