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
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
Housing Commissioner, it
did not take away the jurisdiction of learned Arbitral Tribunal
constituted under the 1983 Act. It appears that in the mean
time ... aside the order passed by the learned Tribunal dated
27.02.2017 and has directed the learned Arbitral Tribunal
constituted under the 1983 Act to decide
within the definition of 'works contract' over which the
Arbitral Tribunal constituted under the Madhya Pradesh Madhyastham Adhikaran
Adhiniyam, 1983 would have exclusive ... passed by the arbitral tribunal acting under Section 16
of the Act. The party aggrieved by any order of the arbitral tribunal, unless
Arbitral Tribunal pertains
to the year 2001. Now therefore a new Arbitral Tribunal in any case will
have to be constituted and an independent ... already appeared before the Arbitral Tribunal, as in
this case, the petitioner, who had already appeared before Arbitral Tribunal
and participated in the proceedings
pending
Section 9(1) application to the Arbitral Tribunal, the
moment an Arbitral Tribunal has been constituted."
*****
93. It is now well settled that ... under Section 17
inefficacious. To cite an example, the different Arbitrators
constituting an Arbitral Tribunal could be located at far away
places
pending
Section 9(1) application to the Arbitral Tribunal, the
moment an Arbitral Tribunal has been constituted."
*****
93. It is now well settled that ... under Section 17
inefficacious. To cite an example, the different Arbitrators
constituting an Arbitral Tribunal could be located at far away
places
personal
prejudice or bias on the part of such persons constituting
Arbitral Tribunal, if one of them or all of them have also acted ... bias as is available in the case of individual persons constituting
Arbitral Tribunal. It may be that persons constituting MASEF
Council at the time