application under Section 16 of
the Arbitration and Conciliation Act of 1996 (hereinafter
referred to as “the Arbitration Act ”) disputing the jurisdiction
of the sole ... excessive judicial interference
which is not contemplated under the Arbitration Act .
12. The Arbitration Act itself gives various procedures and forums
to challenge the appointment
Procedure ,
1908(Act 5 of 1908), s.151.
HEADNOTE:
An arbitration agreement was filed in court
under s. 20 of the Arbitration Act ... 16(1) (c) of the Act.
^
Held, that all unstamped award cannot be
remitted under s. 16(1) (c) of the Arbitration
Act
with
Section 34 of the Arbitration Act. It is also relevant to note that Section 37
of the Arbitration Act, titled ‘Appealable orders’, provides ... 16(2) of the Arbitration Act, the
scheme of Section 16 and, more particularly, Sections 16(5) and 16(6) ,
would keep the issue alive
this Act, the provisions of the
Arbitration and Conciliation Act, 1996 (26 of 1996) shall
apply to every arbitration under this Act.
(7) The competent ... Act, 1940 in the present Act. Section 16
of the 1940 Act specifically armed courts with the power to
remit the matter to arbitration. Noticeably
acceptance.
49. It was further submitted that Section 16 of the Indian Arbitration
Act, 1996 is a drastic departure since the Arbitral Tribunal can
rule ... jurisdiction. Further, it was submitted under
Section 16(a) of the Indian Arbitration Act, 1996 the existence of
the arbitration clause in the contract would
Section 49 of the Registration Act read with Section
16(1)(a) of the Act, an arbitration agreement in an
unregistered but compulsorily registerable document ... Stamp Act bars the said document
being acted upon. Consequently, even the arbitration
clause therein cannot be acted upon. The court should
then proceed
connection with these presents may be referred to
arbitration in pursuance of the Arbitration Act, 1947 , by
each party appointing one arbitrator and the arbitrators ... arbitration clause. This section
corresponds to Article 16 of the UNCITRAL Model Law
and
Article 21 of the UNCITRAL Arbitration Rules. While
Article 16
16
of the Arbitration Act, 1996. Having provided for resolution
of disputes through arbitration, parties can not be permitted
to avoid arbitration, without satisfying ... proceed with the arbitration. Section 5 of the Arbitration
Act provides that the Court shall not intervene in the
arbitration process except in accordance with
SCALE (2)488
ACT:
Arbitration Act, 1940 : Section 16- -Award--When to be
remitted to Arbitrator--No allegation of bias or
illegality--High Court remanding ... giving reasons do fall within the purview of
Section 16 of the Arbitration Act, 1940, it is appropriate
to set out the relevant provisions
title of the Act, the said
Act was enacted to consolidate and amend the law relating to domestic
arbitration, international commercial arbitration and enforcement ... resolution of
dispute by way of arbitration under the Arbitration Act, 1996 .
(vi) Sections 15 , 16 and 17 , though are substantive in nature, Section
