Court, post the constitution of
an Arbitral Tribunal. Once an Arbitral Tribunal is constituted, the Court
is not to entertain an application under Section ... interim relief should ordinarily be decided by
the Arbitral Tribunal, once an arbitral tribunal is constituted.
However, if circumstances exist which may not render
during arbitral proceedings, apply to the arbitral
tribunal. Even under the SIAC Rules, an Emergency Arbitrator is appointed
before the arbitral tribunal is constituted ... doubt that the “arbitral tribunal” as defined in Section
2(1)(d) speaks only of an arbitral tribunal that is constituted between the
parties
should now be determined by the
Arbitral Tribunal and the pending applications
be referred to the Arbitral Tribunal. Mr.
Thakore submitted that the said application ... preferred
prior to appointment of Arbitral Tribunal,
present petitioner would contend that his
application for appointment of Arbitral Tribunal
is pending and hence the Court
standing arbitral
tribunal formed by following the said procedure under Clause 55 raises
justifiable doubts about independence and impartiality of the arbitral
tribunal ... Standing Arbitral Tribunal and reference of the
disputes are independent from each other. Hence, mere constitution of an
arbitral tribunal cannot be presumed
before the arbitral tribunal. The point was
considered by the arbitral tribunal and was rejected. The
manner in which the arbitral tribunal dealt with ... mechanism of constitution of the
arbitral tribunal. The parties agreed that in the event the arbitral
tribunal was not constituted by the agreed personnel
history of the arbitration
and the constitution of Arbitral Tribunal, that the
Arbitral Tribunal was constituted on 24th July, 2017
as per the order passed ... idem in the
constitution of the Arbitral Tribunal. Once the fresh
Arbitral Tribunal is constituted and the parties are
before it, there is no reason
should now be determined by the
Arbitral Tribunal and the pending applications
be referred to the Arbitral Tribunal. Mr.
Thakore submitted that the said application ... preferred
prior to appointment of Arbitral Tribunal,
present petitioner would contend that his
application for appointment of Arbitral Tribunal
is pending and hence the Court
proceeding by substituting Arbitral Tribunal of a sole arbitrator de novo without terminating the mandate of the earlier Arbitral Tribunal constituted by this Court ... Court had appointed two arbitrators as well as presiding arbitrators who were conducting the arbitration and constituted Arbitral Tribunal of three persons. As both
standing arbitral
tribunal formed by following the said procedure under Clause 55 raises
justifiable doubts about independence and impartiality of the arbitral
tribunal ... Standing Arbitral Tribunal and reference of the
disputes are independent from each other. Hence, mere constitution of an
arbitral tribunal cannot be presumed
agreements, even if to be adjudicated by Arbitral
Tribunal having same composition as Arbitral Tribunal already constituted,
is barred under Section ... would be a different Arbitral
Tribunal and would not be a 'Arbitral Tribunal already constituted' within
the meaning of Section
