challenge the
jurisdiction of the Arbitrator by resorting to Sections 12-15 of the
Act, which concedingly not done.
19. Without prejudice, it is also ... 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
applicability
of the provision contained in Section 12(5) of Arbitration and Conciliation
Act, 1996. As the petitioner wants an independent Arbitrator to adjudicate ... waiving off the applicability of Section 12 (5) of the Arbitration and
Conciliation Act, 1996, which means they agree that disputes have arisen
which need
jurisdiction of the Tribunal in terms of Section 12 , 13 & 14 of the
Arbitration & Conciliation Act, 1996 read with Section ... under Section 12 (3)
and Section 13(2) of the Act in view of Section 13(4) and 13(5) of the
Act.
16. Noting
time the Ld. Arbitrator modified/vacated
such stay under Section 17 of the Arbitration Act. Consequently, Shri Bharat
Bhushan was appointed the sole arbitrator ... further recovery of `33 lacs. On November 12,
2016, an application under Section 17 of the Arbitration Act was filed before
the Ld. Arbitrator seeking
terms of Section 8 of the Arbitration and Conciliation Act
directed parties to resort to arbitration as per Clause 12 of
the Agreement. Hence, claimant ... section
(2) of Section 29 of the Limitation Act that the provisions
of the Limitation Act shall stand excluded in the Act
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
submitted that as per Section 5 read with Section 11 (6A) and
Section 16 of the Act and the principle of 'kompetenz-
kompetenz ... Nayar, in view of Section 11(6A)
as introduced by The Arbitration and Conciliation (Amendment)
Act, 2015 ('Amendment of 2015', for short
that in view Section 12(5)
read with Schedule VII of the Act subsequent to the amendment
brought about by the Arbitration and Conciliation [Amendment ... Section 12(5) of the Act, if any person
who falls under any of the categories specified in Schedule VII of
the Act , shall
exist a valid arbitration
agreement with it. An application under Section 45 of the Arbitration &
Conciliation Act was filed by Roger Shashoua ... India Private Limited, an application under Section
34 of the Arbitration and Conciliation Act, 1996 (for short,
„the Act‟) is pending before the learned Single
arbitration clause was amended after the 2015 amendment to the Act of
1996 and it provided the parties a right to waive Section 12 ... three persons are ineligible
for appointment under Section 12(1) , 12(5) and schedule VII of the Act
of 1996.
64. Mr. Koura has also
