section 15 , to the commercial courts or
commercial division, as the case may be.
14. By virtue of sub-section (3) of Section 15
procedures ... section (1) or sub-section (2)."
22. Section 15 (3) states that when suit or any
application including an application under Arbitration and
Conciliation
.
15. In this regard, it is relevant to extract Section 15 of the
said Act of 2015, which reads as under:-
15. Transfer of pending ... application under
Section 36 of the Act, 1996. Even if the word application is
mentioned in sub-section (2) of Section 15 , it would mean
with the correct interpretation
of Section 15 of this Act, it is set out
herein below:-
21
" Section 15 .Termination of mandate
and substitution ... reason is within
the purview of Section 15(1)(a) of
the Act. Obviously, therefore,
Section 15(2) would be attracted
and a substitute arbitrator
under the provisions of Section
29A(5) of the Arbitration Act but under Section 11 in
view of Section 15(1)(a) thereof. As regards ... there is termination of
mandate under Section 15(1)(a) or 15(1)(b), the
provisions of Section 15(2) 9 stipulates that the rules
from the
arbitration. But, this so called omission in the
arbitration agreement is made up by the specific
provision contained in Section 15 ... reason is within the purview of Section
15(1)(a) of the Act. Obviously, therefore Section
15(2) would be attracted and a substitute
this petition under Section 11 of the Arbitration and Conciliation Act, 1996 for short hereinafter referred to as the " Arbitration Act " for appointment ... referred to arbitration. Nor is there such a prohibition contained in the Arbitration and Conciliation Act, 1996 as contrasted with Section 15 of the English
arbitration under the Arbitration Act , the provisions of section
80 of the Arbitration Act would squarely apply. The
provisions of section 80 of the Arbitration ... reading of the
provisions of section 18 (3) of the Act.
15. The provisions of section 80 of the Arbitration Act
incorporates a salutary principle
awarded prior to the said date was wholly unsustainable.
15. Section 29 of the Arbitration Act provides that insofar as the award ... exceeded its jurisdiction. Reliance placed by the respondent on Section 15(b) of the Arbitration Act is misplaced inasmuch as the expression 'obvious error
Section 8 of the Arbitration and
Conciliation Act, 1996 contemplates some departures
from Section 34 of repealed Arbitration Act, 1940 .
Section 34 of Arbitration ... suit; whereas, Section 8 of the Arbitration
and Conciliation Act, 1996 mandates reference. The
discretion vested under Section 34 of Arbitration Act,
1940 and that
aspect--the
existence of an arbitration agreement. What are the
factors for deciding as to whether there is an
arbitration agreement is the next question ... referred to arbitration. Nor is there
such a prohibition contained in the Arbitration and
Conciliation Act, 1996 as contrasted with Section 15
of the English
