petitioner
and respondent. Section 12(5) of the 1996 Act, as amended (by way
of insertion) by Section 8 of the Arbitration and Conciliation
(Amendment ... arbitration determined the applicability, or otherwise, of Section
12(5) , and that, the present arbitration having commenced prior to 23 rd
October, 2015, Section 12
Signing Date:07.11.2020
12:53:14
provisions of the Arbitration Act and not by way of an
application under Section 11(6) thereof. Reliance ... under Section
11(6) but such remedy lies elsewhere and under different
provisions of the Arbitration Act ( Sections 12 and 13 ), the
context in which
writing."
12. Category 10 of the Seventh Schedule read with Section 12 (5) of the
Arbitration and Conciliation Act provides that an Arbitrator shall ... categories mentioned in
Seventh Schedule of the Arbitration and Conciliation Act and therefore,
Section 12 (5) of the Arbitration and Conciliation Act does
correct
when it applies Section 4 , Section 7 , Section 12(4) ,
Section 13(2) and Section 16(2) of the Act to the facts ... Section 12 (1) read with
Section 13 of the Act are different from objections under Section
12(5) read with Section 14 of the Act
Court has laid down the law under Section 12 (5) of the Act,
Section 14 of the Act gets attracted and the mandate ... Perkins (supra) and Section 12(5) of
the Act would not apply. First and foremost, Section 12(5) of the
Act itself begins with
with Section 12(5) of the Arbitration and Conciliation Act,
1996 (hereinafter referred to as "the 1996 Act").
9. The arbitration clause ... agreement. Absolutely, there is no bar under Section 12(5) of
the Arbitration and Conciliation (Amendment) Act, 2015 for
appointment of a retired employee
statement as also an application under Section 45 of the Arbitration and
Conciliation Act, 1996 (in short „the Act‟) to which reply has been filed ... receipt of request of arbitration clearly advising that
the arbitration under ICA Bylaws is conducted under the English Arbitration
Act, 1996. Dholi Spintex was unable
Geoenpro Petroleum Ltd vs Geophysical Institute Of Israel on 12 May, 2020
Author: Jyoti Singh
Bench: Jyoti Singh
$~
* IN THE HIGH COURT OF DELHI ... JUDGEMENT
1. Present petition has been filed under Section 34 of the Arbitration
and Conciliation Act, 1996 (hereinafter referred to as an „Act‟) seeking
setting
rely on Section 10 of the Arbitration and Conciliation Act,
1996 (hereinafter referred to as the "1996 Arbitration Act ") which
reads thus ... Arbitration Act, 1940
(hereinafter referred to as the "1940 Arbitration Act ") was in force,
Mr. Singh invites my attention to Section
filed by the petitioner under
Section 11(6) read with Section 11(12)(b) of the Arbitration and
Conciliation Act, 1996 (in short, „Act ... arbitration as per Clause 20.3 of the GCC read with the Act of
1996 as amended by Arbitration and Conciliation (Amendment)
Act, 2015 , („ Amended Act
