mutual
consent of the parties. The arbitration proceedings shall be
governed by the Arbitration & Conciliation Act, 1996 , or
any statutory amendments, modifications ... will appoint an
arbitrator and the two arbitrators appoint the presiding
arbitration. The arbitration proceedings shall be held in
English language and decision
Arbitration and Conciliation Act,
1996(for short, "the Arbitration Act ") read with Section 19 of the Micro, Small
& Medium Enterprises Development Act ... Jayprakash Associates Ltd. against a partial award made under section 16 of the
Arbitration Act. Such an application was not tenable vide section 16
arbitration agreement can be created even by separate documents. The validity
of the arbitration agreement can be challenged under Section 16 of the Arbitration Act ... affect the validity of the arbitration clause as
is specifically provided under Section 16 (b) of the Arbitration Act. An order passed by
the Arbitrator
provides for all
channels of adjudication.
[16]. In view of Section 16 of the Arbitration and Conciliation
Act, 1996, it is explicitly clear that ... validity of arbitration agreement is raised.
A conjoint reading of sub Sections (2), (4) and (6) of Section 16 of
the Arbitration Act would make
Gujarat High Court was against an order passed under
Section 16 of the Arbitration Act which was held to be maintainable in the
eyes ... terms of Section 37 of the Arbitration Act or in terms of
Section 34 of the Arbitration Act. Para
Arbitration Act also discussed the provision of Section 5 of the Arbitration Act.
It was observed that one of the objectives of the Arbitration Act ... Arbitration Act and that order under Section 37 of the
Arbitration Act was challenged under Article 227 of the
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only in terms of Section 34 of the Arbitration Act or
Section 37 of the Arbitration Act. Para ... Arbitration Act. However, the same can
always be considered at the time of filing of objections under Section 34 of
the Arbitration Act but strictly
only in terms of Section 34 of the Arbitration Act or Section 37 of
the Arbitration Act. Para ... excessive judicial interference which is not
contemplated under the Arbitration Act .
13. The Arbitration Act itself gives various
procedures and forums to challenge the appointment
intervention in Arbitration Proceedings except when specifically
permitted in the Arbitration and Conciliation Act (hereinafter referred
to be as "the Arbitration Act ... restriction on Judicial Authorities as provided in the
Arbitration Act .
5. Section 5 of the Arbitration Act provides -
"5. Extent of judicial intervention - Notwithstanding
public policy" test to an arbitration award, it does not act as a
court of appeal and consequently errors of fact cannot be corrected ... such award portrays perversity
unpardonable under section 34 of the Arbitration Act.'
16. In the present case, the Arbitral Tribunal interpreted the
contractual clauses
