examined is, whether a challenge to
an arbitration award (or arbitral agreement, or arbitral proceeding),
wherein jurisdiction lies with more than one court ... jurisdiction for raising a challenge to the
same arbitration agreement, arbitral proceeding or arbitral award, could
most definitely arise in more than one court simultaneously
examined is, whether a challenge to
an arbitration award (or arbitral agreement, or arbitral proceeding),
wherein jurisdiction lies with more than one court ... jurisdiction for raising a challenge to the
same arbitration agreement, arbitral proceeding or arbitral award, could
most definitely arise in more than one court simultaneously
learned Advocate appearing
on behalf of the respondent/plaintiff that arbitral proceeding means a
proceeding before the arbitrator and not an application for referring ... Conciliation Act, 1996. It is further submitted by him that
the arbitral proceeding commenced on and from the notice dated June 21,
2010 proposing
differences arising out of the
contract. The appellants participated in the arbitral proceeding and,
therefore, in such a situation the participation of the appellants ... that when a party participates in an arbitral proceeding without
any demur to his jurisdiction, the only inference from this conduct on
the part
arbitration petition and to impugn the arbitral award.
It is submitted that this is not an appellate proceeding in which a party aggrieved
can apply ... which the court has power to grant before, during or
after arbitral proceeding by virtue of section 9 . The court is competent to grant
such
learned counsel Shri Joshi on the point of
maintainability of arbitral proceeding that the respondent firm admittedly was
a partnership firm which did not possess ... ground of perversity, the issue of maintainability of the arbitral proceeding
deserves consideration at this stage. The useful reference can be made to the
following
three Members of the Arbitral Tribunal were experts in
their field with special knowledge in road construction works.
(4) The Arbitral Tribunal entered upon reference ... were on
account of interest and cost of arbitral proceeding. During the pendency of
the arbitral proceeding, the work was substantially completed and the
respondent
supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement ... Rules or procedure or place of arbitrators or the language is to be used in arbitral proceeding. They have also not filed their statement
having been raised any time
26
earlier either in course of arbitral proceeding or before the learned
District Judge, the State-appellants ought ... issue in the present appeal. From the records of
the arbitral proceeding, it is clear therefrom that the concerned
Executive Engineer who had been examined
open to the respondents to continue with the arbitral proceeding.
The Division Bench expressly directed that the suit filed by the
Maheshwaris as also ... came into force. In the instant case, the arbitral proceeding was
commenced only after the Tribunal was constituted by this Court by appointing the
nominee
