exchanged
by and between the parties, an arbitral agreement had come into existence and therefore, the arbitral
proceeding was maintainable. The operative part ... majority opinion expressed by the individual arbitrators, the three member arbitral
tribunal had published the final arbitral award on 21.11.2004 which was not only published
That there was no agreement to conduct or to continue the
arbitral proceeding under the Arbitration Act, 1996 .
(iii) The Arbitrator was not competent ... officer was appointed as Arbitrator and during the pendency
of the arbitral proceeding he retired. As on the date of the appointment,
he was officer
holding another the arbitral proceedings where the present
respondent was the claimant. However, the records of the
arbitral proceeding do not show that the arbitrator ... against the present petitioner.
Since the arbitral award is set aside after
considering the records of the arbitral proceeding, the
respondents are not called upon
petitioner, being the respondent
in the arbitral proceeding has challenged the award made and
published by the Arbitrator, namely, Ganesh Manna on January ... Arbitrator is non-service of notice of the sittings of
arbitral proceeding upon the petitioner.
Accordingly, on November 19, 2019 this Court directed the
Arbitrator
inasmuch all the three awards
made by the same Arbitrator in arbitral proceeding between the
same parties are identical in terms except that the dates ... ancillary reliefs. In the statement of claim filed in
the respective arbitral proceeding the claimant disclosed the
relevant ICD Agreement based on which it claimed
arbitral
proceedings by the final arbitral award, as contemplated in Section 32 (1) of
the Act. Hence, it is argued, such a proceeding does ... provides for arbitral proceedings to be terminated
by the final arbitral award and the consequential inapplicability of Section 42
to a proceeding under Section
inasmuch all the three awards
made by the same Arbitrator in arbitral proceeding between the
same parties are identical in terms except that the dates ... ancillary reliefs. In the statement of claim filed in
the respective arbitral proceeding the claimant disclosed the
relevant ICD Agreement based on which it claimed
before the arbitrator alleging
that the mode of conduct of the arbitral proceeding has given rise to an
apprehension to his mind that he will ... such allegations, the petitioner requested the arbitrator to stop
the arbitral proceeding. The present respondent, as the claimant in the
3
arbitral proceeding contested
arbitral tribunal may at any
time, during the arbitral proceeding, make an 'interim
arbitral award' on any matter with respect to which ... under sub-section (2) thereof is
not successful, the arbitral tribunal shall continue the
arbitral proceeding and make an arbitral award as per
sub-section
this Court, the Arbitrator
has sent the records of the arbitral proceeding to this
Court.
In this application under Section 34 of the
Arbitration ... forwarded the copies of the arbitral awards made on April
24, 2012 to both the respondents in the arbitral
proceeding, being the present petitioner
