existence or validity of the arbitration agreement, and for that purpose, (a) an arbitration clause which forms part of a contract shall be treated ... such a plea merely because that he has appointed, or participated in the appointment of, an arbitrator. (3) A plea that the arbitral tribunal
arbitrator. The Managing Director thus had two capacities under said
Clause, the first as an arbitrator and the second as an appointing authority ... party.
(iii) Where the arbitration agreement specifies the
appointment procedure, then irrespective of whether
the arbitration is by a sole arbitrator or by a three
arbitrator or in certain cases, a sole arbitrator .-Where an arbitration agreement provides that a reference shall be to two arbitrators, one to be appointed ... appointed arbitrators neglects or refuses to act, or is incapable of acting, or dies, the party who appointed him may appoint a new arbitrator
time of such
death of the arbitrator or his inability to act as arbitrator shall appoint
another person to sit as arbitrator. Such a person ... respondent was that as no arbitration proceedings were pending and even the
arbitrator had not been appointed, an application under Section
Section 7 of the Arbitration Act. Section 7 of the
Arbitration Act reads:
“7. Arbitration agreement. — (1) In this Part,
“arbitration agreement” means an agreement ... authority
is bound to refer the matter to arbitration once the
existence of a valid arbitration clause is established.
Thus, the judicial authority is entitled
appointing an Arbitrator either under sub-clause (5) or
sub-clause (6) of Section 11 of the Act.
Sub-clause (5) of Section ... refuses to appoint the
Arbitrator or where two appointed Arbitrators fail to
appoint the third Arbitrator. If the appointment of
Arbitrator or any function connected
claims are determined by the Arbitrator, if the contract is governed by the Arbitration Clause, or "by the competent Court as the case ... relationship, whether contactual or not.
(2) An Arbitration Agreement may be in the form of an Arbitration Clause in a contract or in the form
there is an arbitration agreement; (b) whether the arbitration
agreement is valid; (c) whether the contract in which the arbitration
clause is found is null ... request for reference to arbitration. On an application by
the contractor, under the Arbitration Act, 1940 for appointment of an
Arbitrator, the Civil Court appointed
respondent No. 1 invoking the arbitration clause, requested
the Managing Director of Appellant to appoint a sole
arbitrator to adjudicate the claims made ... latent and patent jurisdiction of
the arbitrator in deciding the disputes and after referring
to the arbitration clause, observed that: - Any dispute
relating
parties shall be finally settled by arbitration conducted
in accordance with the Rules of American Arbitration
Association. The arbitration proceedings shall be held in
Pennsylvania ... held to the bargain of arbitration
and even the plaint should yield in favour of the arbitration
clause.
iv) All agreements executed between the parties
