application, at the instance of the respondents in an arbitral proceeding under
Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred ... which provides that the
arbitral tribunal may, at any time, during the arbitral proceeding, make an interim award on any
matter with respect to which
Russian Federation (Rosemushestvo), the respondent no. 1 in the arbitral
proceeding.
The brief facts relevant for the decision in this application are that the disputes ... same were referred to an Arbitral Tribunal comprising three retired Judges of the
Supreme Court. In the arbitral proceeding the respondent
learned Arbitrator, as well as stay of the
respective arbitral proceeding.
The facts giving rise to both the arbitral proceeding, between the same parties ... arbitral agreement, sub-section (2A) of
Section 23 also does not entitle the respondent in the arbitral proceeding to bypass the said
procedure. On these
respondent railway constituted a fresh Arbitral Tribunal
comprising two arbitrators and the Presiding Arbitrator. The said
new Arbitral Tribunal constituted on November 14, 2011, however ... Arbitral
Tribunal was constituted by the General Manager of the respondent
railway. While the new Arbitral Tribunal did not commence the
arbitral proceeding
claimant in the arbitral
proceeding while, the appellant in the second appeal, A.P.O. No. 249 of 2018 is the respondent
before the learned ... parties herein are described hereinafter as per their array in the arbitral proceeding
before the learned arbitrator.
The disputes between the parties relate
upon reference and the parties filed their respective
pleadings in the arbitral proceeding.
According to the petitioner, the said first arbitrator did
not proceed with ... constitution of the arbitral tribunal with three
serving railway officers. The Supreme Court found that the
pendency of the arbitral proceeding for ten years
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
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
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
Section 9 under Section 37 thereof)
shall not apply to the arbitral proceeding between the parties. In
other words, the parties agreed that sections ... would be applicable to the arbitral proceeding, if any
between the parties.
5
6
Disputes having arisen between the parties pertaining to the
petitioner
