arbitral proceedings shall be
terminated by the final arbitral award or by an order of the Arbitral Tribunal
under sub-section (2).
(2) The Arbitral ... Once the award is passed, the arbitral proceeding is terminated.
Once the proceeding is terminated, the proceeding under section 36 of
the said Act, seeking
Arbitral Tribunal.
Thus, to direct that a copy of the statement of claim filed by the Respondent
against BBCC in a different arbitral proceeding ... pleadings filed before
another Arbitral Tribunal. Also it has to be remembered that the evidence in
the present arbitral proceeding has been closed quite some
should be read into the MSME Act . An arbitral proceeding had been
contemplated under the MSME Act , as well.
13. Learned Advocate submitted that ... arbitral proceeding.
However, an exception had been carved out, permitting the parties to a
conciliation proceeding to take recourse to an arbitral or judicial proceeding
could not be used interchangeably in this case. The place of arbitral
proceeding could not be the basis to determine the seat. Kolkata ... that the stated venue is
actually the juridical seat of the arbitral proceeding.
***
***
82. On a conspectus of the aforesaid judgments, it may be
concluded
substitute one or all of the
arbitrators and if one or all of the arbitrators are substituted, the
arbitral proceedings shall continue from the stage ... limit for an arbitral award, i.e., the period within which the
award should be made, upon completion of the arbitral proceeding.
Subsection
Section 25(a)
of the said Act, mandated termination of the arbitral proceeding upon failure
of the claimant to communicate the SOC. No prayer ... directory, would
12
frustrate the provision for mandatory conclusion of an arbitral proceeding in
a time bound manner.
25. Distinguishing the decision of this court
factor as to which court would have supervisory jurisdiction
over the arbitral proceeding and to entertain the application seeking setting
aside of the award ... venue (Chittaranjan) should actually be the juridical seat of the
arbitral proceeding. Referring to BGS SGS SOMA (supra), it was submitted
that, if a place
already approached the
Council and the Council had initiated the arbitral proceeding, the
petitioner did not have a right to claim a separate reference ... petitioner shall be
entitled to a separate reference, independent of the arbitral proceeding
which had commenced before the Council in terms of Section
which court would have supervisory jurisdiction
6
over the arbitral proceeding and to entertain the application for setting aside
the award. Mr. Dubey urged that ... venue (Chittaranjan) should actually be the juridical seat of the
arbitral proceeding. Referring to BGS SGS SOMA (supra), it was submitted
that, if a place
Section 25(a)
of the said Act, mandated termination of the arbitral proceeding upon failure
of the claimant to communicate the SOC. No prayer ... directory, would
12
frustrate the provision for mandatory conclusion of an arbitral proceeding in
a time bound manner.
25. Distinguishing the decision of this court
