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
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
arbitral process of constitution of a Tribunal. Considering Section 43, it will be open to the arbitral tribunal as constituted to consider the claim filed ... Arbitral Tribunal which is deciding the reference or part of the arbitral proceedings. If the designate under Section 11 is an arbitral tribunal, then
than three
arbitrators within 60 days from invocation of arbitration by
the applicant vide letter dated 22.07.2023. The respondent
constituted an arbitral tribunal (including ... period of 2 months
or till the first hearing before the arbitral tribunal constituted
in accordance with their agreement, whichever is earlier
domestic
arbitration ?
(ii) In the event an Arbitral Tribunal consisting of
three Arbitrators is constituted as per Section 11(2)
i.e. with agreement ... case need to be noticed. Initially, the arbitral
tribunal comprising of three Arbitrators came to be constituted. After
some time, the Presiding Arbitrator recused from
CARBPL-34540-25.odt
Petitioner. According to him, the Arbitral Tribunal constituted
under FOSFA is sufficiently equipped to decide and pronounce
upon the interlocutory relief ... Arbitral Tribunal
has been constituted. After all, once the Tribunal is seized of the
matter it is most appropriate for the Tribunal to hear
raised
under Section 16 of the Arbitration Act before the Arbitral Tribunal
constituted under the statutory provision and that no such objection
could be raised ... issues, including
limitation, fall within the exclusive jurisdiction of the Arbitral Tribunal
constituted under the MSME Act . Therefore, defendant no.2 while
considering the reference
arbitrators appointed by the parties and nominate an arbitrator. This is to enable the Arbitral Tribunal to be expeditiously constituted and the arbitration proceedings ... Tribunal constituted in terms of the contract, shall the Chief Justice or designate nominate the Arbitrator or constitute the Arbitral Tribunal beyond the terms
constitution of an Arbitral Tribunal, in the backdrop of the stipulations contained in the
contract for the constitution of Standing Arbitral Tribunal, the Petitioner cannot ... constitution of the standing arbitral Tribunal on the
premise that the Tribunal is to be constituted of the employees of the Railways, is stated
constitute the Arbitral Tribunal.
ii)
Since the Respondent No.1 had initially delayed
the constitution of the Arbitral Tribunal for 5
(five) years even though ... peculiar circumstances, agreed arbitrators were nominated and
permitted to nominate an Umpire expeditiously and accordingly
the Arbitral Tribunal was constituted by consent of the
parties
