appointed by both the parties, which nominee Arbitrators would then
appoint the Presiding/Umpire Arbitrator.
4. At the time of invocation of arbitration clause ... cannot
claim the benefit of arbitration under the arbitration
clause, but ignore the appointment procedure relating
to the named arbitrator contained in the arbitration
clause
arbitration clause in
question was a binding, mandatory arbitration clause which provided that the parties
'shall' refer all disputes to arbitration. Therefore ... Subject Clause was to apply as an arbitration clause, the Respondent was
reserving its right to appoint an arbitrator. The reply letter must be read
appointment.
12. The Agreement (SCC) has an arbitration clause i.e. clause 2900
which has been reproduced here as under:
"Clause 2900 Arbitration ... appoint an Arbitrator
refuses to appoint the Arbitrator or where two appointed
Arbitrators fail to appoint the third Arbitrator. If the
appointment of Arbitrator
unilaterally
appointed the learned arbitrator as a sole arbitrator.
48. In my view, appointment of the learned arbitrator by the
respondent unilaterally after the petitioner ... have
appointed the learned arbitrator as a sole arbitrator unilaterally. The
appointment of the learned arbitrator was thus ex-facie contrary to clause
petitioner is precluded from challenging the clause relating
to arbitration wherein the power to appoint Arbitrator has been vested
with the respondent No.1 only ... learned Arbitrator. The plea of appointment of arbitral panel instead of a
Sole Arbitrator is unsustainable being at variance with the arbitration
clause
appointed by both the parties, which nominee Arbitrators would then
appoint the Presiding/Umpire Arbitrator.
4. At the time of invocation of arbitration clause ... cannot
claim the benefit of arbitration under the arbitration
clause, but ignore the appointment procedure relating
to the named arbitrator contained in the arbitration
clause
Council of
Arbitration but to appoint a sole arbitrator that is an
arbitrator. After the appointment of the arbitrator, the
said clause further contemplates that ... arbitration clause, we find that though the term used in
the arbitration clause contemplates a reference to “an
arbitration” appointed by the ICA, the context
submits that since the
arbitrator appointed by this court has withdrawn,
therefore, substitute arbitrator be appointed and in the
arbitration clause no procedure has been ... arbitration agreement.
In the present case, in the arbitration agreement, no
procedure has been prescribed for appointment of the
arbitrator and the arbitration clause also
appoint its arbitrator within 60
days after the receipt of a notice from the other party invoking
the Arbitration Clause, the arbitrator appointed ... arbitration clause shall become the sole arbitrator
to conduct the arbitration.
The arbitration shall be conducted in accordance with the
provisions of the Indian Arbitration
appointment of the Arbitrator, as the respondents have
5 A.C.No.25/1987
forfeited their right to appoint Arbitrator in terms of Clause ... Arbitration clause 14 of the partnership
deed and the parties specifically raised that there is existence
of Arbitration agreement for appointment of Arbitrator as
raised
