Court, that Court
alone shall have jurisdiction over the arbitral proceeding and all
subsequent applications arising out of that agreement and
arbitral proceeding shall ... under:
"Section 21 : Commencement of arbitral proceedings :- Unless
otherwise agreed by the parties, the arbitral proceeding in respect of a
particular dispute commence
upon the plea of the statutory embargo.
The Arbitral Tribunal decided to segregate the arbitral
proceeding in two parts which is nomenclatured as "phases ... seat of the arbitration was in Paris, France and
the arbitral proceeding was being conducted as per the rules of the
International Chambers of Commerce
Arbitral Tribunal held fresh hearings to
decide the issue raised by the respondent alleging lack of its
jurisdiction to proceed with arbitral proceeding ... decision of the Arbitral Tribunal dated February 07, 2018.
According to him, a point of the procedural aspect of the arbitral
proceeding arose
arbitral sittings are being held by the Arbitral Tribunal in
Kolkata, within the jurisdiction of this Court.
2
The respondent in the arbitral proceeding filed ... agreement between the
parties contemplating that the Arbitral Tribunal shall hold the
sittings of the arbitral proceeding in Kolkata and in fact, the
Arbitral Tribunal
application, AP 868 of 2019, the respondent in the
arbitral proceeding has challenged the award made by the sole
Arbitrator on September ... last claim of the claimant, the respondent
in the arbitral proceeding amounting to Rs.1,24,15,120/-. The
applicant has filed this application under
petitioner in this application is the claimant in an
arbitral proceeding against the respondent Food Corporation of
India. The disputes between the parties arose ... adjudicate the disputes between the parties.
The Arbitrator shall conduct the arbitral proceeding on the basis
of the pleadings already filed by the parties before
respondent who has
obtained repeated adjournment of the arbitral proceeding. This has prevented
the arbitrator to make any progress in the arbitral proceeding. A copy ... person
responsible for the delay in conclusion of the arbitral proceeding. Thus, I am
not inclined to entertain the prayer of the respondent for adjournment
Court : The petitioner in this application is the respondent in
the arbitral proceeding pending before the learned Sole Arbitrator
appointed by this Court on January ... this
Court directed that the new Arbitrator shall proceed with the arbitral
proceeding on the basis of the existing pleadings of the respective
parties
ground of his inability to
conclude the arbitral proceeding due to his ill health.
Considering the facts of the case, Justice Debi Prosad Dey
(Retired ... adjudicate the
disputes between the parties, which formed part of the arbitral
proceeding before the erstwhile Arbitrator.
2
The Arbitrator shall be free
Partha
Sarathi Ghosh was directed to produce the records of the
arbitral proceeding today at 10.30 A.M.
However, even in the second call none ... appears to represent
the Arbitrator for submitting the records of the arbitral
proceeding before this Court.
Accordingly, the Arbitrator, Mr. Partha Sarathi Ghosh is
directed
