Tribunal),
Chennai Bench whereby the prayer of Appellant to allow Arbitral Proceeding to
be resumed for completion on its own and enabling the Arbitrator ... Learned counsel appearing on behalf of the Appellant submits that the
Arbitral Proceeding is pending since 2012 and on the verge of completion. The
Appellant
opportunity to the Arbitral Tribunal to resume the
arbitral proceedings or to take action as in the
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opinion of the Arbitral Tribunal would eliminate ... Thereafter, the High Court proceeded further to note that the
arbitral proceeding was beyond the competence of the Tribunal by
considering the conditions under
then to look into
matters relating to the arbitral proceedings - including challenges to
arbitral awards - was unclear, and had to be developed in accordance
with ... Court did not properly distinguish
between “seat” and “venue” of an arbitral proceeding. The Five Judge
Bench in BALCO (supra) dealt with this problem
RSIC, then finally gave its
consent for Managing Director to arbitrate. The said proceeding
dated 06.04.2010 reads as under:-
“Shri F.K. Sherwani appeared ... that an arbitral award may be set aside by the court if
16
the composition of the Arbitral Tribunal or the arbitral procedure
impugned order is passed in execution of the
arbitral award. It is contended that the proceeding being under the
Arbitration and Conciliation Act 1996, only ... from those who are not a party to the
award or arbitral proceeding. We do not intend to enter into an
analysis of hypothetical fact
sole intention to take benefits of the Act and
foist the arbitral proceeding on the appellants. Such
approach of the respondent was in the teeth
validity of the arbitration
agreement will not prevent the arbitral tribunal from proceeding with
22
hearing and ruling upon its jurisdiction. If it retains jurisdiction ... permits commencement or continuation of an
arbitral proceeding notwithstanding pendency of any application under
Section 8 of the Act. Section
case at each stage of the proceeding. It was
sought to be emphasized that despite the arbitral tribunal acceding to IPL‟s
request for extension ... seat of arbitration shall be Singapore, Republic of
Singapore. The arbitral proceeding shall be conducted in English
language. The arbitration award shall be final
application under sub-section [2] for
stay of the operation of the arbitral award, the court may,
subject to such conditions as it may deem ... parties are directed to bear their own costs as to the
arbitral proceeding. The respondent is directed to make payment
within two months
dispute and the so-called arbitration
proceeding is not an arbitral proceeding in terms of the Arbitration &
Conciliation Act, 1996 .
3. The Respondent while
