clause.
7. Learned counsel for the petitioner further
submitted that Section 12 of the Arbitration and Conciliation
Page 6 of 36
Downloaded ... infact to bear in mind the provision
of Arbitration Act in which Section 12 read with schedule 5
and schedule 7 would clearly indicate that
courts. Sub-section (2)
of section 43 provides that for the purposes of section
43 and the Limitation Act, 1963 , an arbitration shall
be deemed ... writing from the prospective
arbitrator in terms of sub-section (1) of section 12 , and
have due regard to--
(a) any qualifications required
submitted that as the arbitration was in progress under
the provisions of Section 29A , unamended, therefore,
limitation of 12 months would still be applicable ... present arbitration being
international commercial arbitration, prescription of
period of 12 months would not apply and therefore, the
arbitration proceedings are justified and the tribunal
submitted that as the arbitration was in progress under
the provisions of Section 29A , unamended, therefore,
limitation of 12 months would still be applicable ... present arbitration being
international commercial arbitration, prescription of
period of 12 months would not apply and therefore, the
arbitration proceedings are justified and the tribunal
notification dated
28.08.2015 and Amendment in section 12 read with
amended Schedule 5 and Schedule 7 based on
Arbitration and Conciliation (Amendment) Act 2015,
suffers ... Arbitrator and the same is therefore violative of
section 12 of the Arbitration and Conciliation Act,
1996 (as amended in 2015) and runs contrary
dispute as if the arbitration was in pursuance of an
arbitration agreement referred to in subsection (1) of
section 7 of that Act.
(4) Notwithstanding ... raised. Para Nos.12 to 17 of that decision need to
be reproduced which read as under:
"12. Section
Relying upon section 8 of the Act, he submitted that
arbitration can be sought for by "party to the arbitration or
person claiming through ... prima facie the arbitration agreement exists, then it shall
refer the dispute to arbitration, and leave the existence of
the arbitration agreement to be finally
IAAP/30/2020 CAV JUDGMENT
12. Considering Section 11(6) and Section 12(5) of the Act, once the
Supreme Court found that the procedure ... with Clause (d). There is no
quarrel that by virtue of Section 12(5) of the Act, if
any person who falls under
petitioner, first date of
arbitration was 01.02.2018 and therefore, as provided
under Section 29A of the Arbitration and Conciliation
Act, the award ... 12 months
and therefore, period of 12 months had expired on
31.01.2019.
1.1 Learned Senior Advocate for the petitioner
referred to Section
different policy Agreements executed between the parties, as
provided under Section 11 of the Arbitration Act for adjudicating the
disputes and differences between the parties ... that let the requisite declaration under Section 12 (1)(b)
read with Section 11(8) of the Arbitration & Conciliation
Act (As amended), be brought
