arbitration, the
provisions of Arbitration and Conciliation Act, 1996 would apply
to the dispute as if the arbitration was in pursuance of an
arbitration agreement ... shoulder for
arbitration or would refer the dispute to any centre or institution
for adjudication of the dispute for arbitration under the Arbitration
arbitration clause; whereas the
Central Act pre-supposes the existence of an arbitration clause
for resolution of any dispute under the Arbitration ... arbitrators. This
principal liberty, which forms of the essence of arbitration under
the Arbitration Act, 1996 , has been taken away by virtue of
Section
following reliefs:-
"For substitution of the
earlier arbitration tribunal in
Arbitration Case No. 106 of 2016 in
which two of the learned members ... District
Judge passed in (Miscellaneous) Arbitration Case No. 01 of 2017,
Arbitration Case No. 106/2016 got revived by the Arbitral
Tribunal. The SBPDCL preferred
following reliefs:-
"For substitution of the
earlier arbitration tribunal in
Arbitration Case No. 106 of 2016 in
which two of the learned members ... District
Judge passed in (Miscellaneous) Arbitration Case No. 01 of 2017,
Arbitration Case No. 106/2016 got revived by the Arbitral
Tribunal. The SBPDCL preferred
following reliefs:-
"For substitution of the
earlier arbitration tribunal in
Arbitration Case No. 106 of 2016 in
which two of the learned members ... District
Judge passed in (Miscellaneous) Arbitration Case No. 01 of 2017,
Arbitration Case No. 106/2016 got revived by the Arbitral
Tribunal. The SBPDCL preferred
following reliefs:-
"For substitution of the
earlier arbitration tribunal in
Arbitration Case No. 106 of 2016 in
which two of the learned members ... District
Judge passed in (Miscellaneous) Arbitration Case No. 01 of 2017,
Arbitration Case No. 106/2016 got revived by the Arbitral
Tribunal. The SBPDCL preferred
following reliefs:-
"For substitution of the
earlier arbitration tribunal in
Arbitration Case No. 106 of 2016 in
which two of the learned members ... District
Judge passed in (Miscellaneous) Arbitration Case No. 01 of 2017,
Arbitration Case No. 106/2016 got revived by the Arbitral
Tribunal. The SBPDCL preferred
2016 has held that the
Act, 2016 is not inconsistent with the provisions of the
Arbitration Act .
19. The land-owner, who gets some apartments ... when there is an arbitration
agreement, the dispute should be referred to arbitration.
23. Section 79 of the Act, 2016 bars the invocation
arbitration
proceeding. They took a plea that unless the original agreement
containing any arbitration agreement or unless the original
arbitration agreement was brought on record ... written arbitration
agreement and in the absence of such a written arbitration
Patna High Court C.Misc. No.1156 of 2016
State Of Bihar & Ors on 28 October, 2016
Equivalent citations: AIRONLINE 2016 PAT 10
Author: Ravi Ranjan
Bench: Ravi Ranjan
IN THE HIGH COURT ... district, in an arbitration case other than
international commercial arbitration, and includes the High
Patna High Court LPA No.1841 of 2016
