learned Additional Solicitor General
appearing for the appellants submits that Section 12 including
subsections (1) and (5) as also Fifth and Seventh Schedule ... arbitration was received by the appellants much prior
to the Amendment Act, 2015. In view of Section 21 read with
Section 26 of the Amendment
purports to provide that the
Arbitration Act, 1996 shall govern the arbitration proceedings.”
12. As pointed out earlier, Section ... appellant for the appointment of an arbitrator under
Section 11 . Having regard to Section 11(12)(b) and Section
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
PETITION FOR ARBITRATION (CIVIL) NO. 65 OF 2016
Reckitt Benckiser (India) Private Limited …..Petitioner ... involved in this application filed
under Sections 11(5) , 11(9) and 11(12)(a) of the Arbitration
and Conciliation Act, 1996 (for short
Hasvantbhai Chhanubhai Dalal vs Adesinh Mansinh Raval on 12 April, 2019
Equivalent citations: AIRONLINE 2019
Introduction 1 to 4
B Issue Under Section 9 of Arbitration and 5 to 12
Conciliation Act, 1996
C Submission of learned Amicus Curiae ... submissions on the issue falling under
Section 9 has also touched the facets of Section 11 .
(C) 12. Broadly, the submissions of Dr. Sathe, learned
exclusion of the
provisions of the Limitation Act , the provision contained in
Section 5 of the Limitation Act, 1963 would apply to an
application under ... learned senior counsel for the respondents.
12. Section 34(3) of the Arbitration and Conciliation Act,
1996 provides that an application for setting aside
Legal Department, State of Gujarat under sub
section(2) of section 3 read with section 12 of the
Commercial Courts Act. According to this notification ... Judges to exercise the
jurisdiction under subsection (2) of Section 3 read with
Section 12 of the Commercial Courts Act. Thus, for
Vadodara District
Exhibit I' page 33 of the paperbook) invoked the arbitration agreement
and called upon the respondent to refer the disputes to be adjudicated ... disclosure as per
the requirement of Section 11(8) read with Section 12(1) of the
Arbitration and Conciliation Act,1996, to the Prothonotary
there exists an
arbitration agreement between the parties. The said
para is reproduced hereinbelow.
"5. That there are separate Arbitration Clauses
between the Plaintiff ... referred to arbitration in
accordance with Section 8(1) of the Act."
CS (OS) 523/2018 Page 8 of 17
12. The third objection
tested before the concerned Court in Singapore under Section 10
of the International Arbitration Act (CHAPTER 143A).
(ix) The cause of action for laying ... would be different from the evidence
laid in the 1st arbitration proceedings.
CS (COMM) 12/2019 Pg. 18 of 50
(xii) Furthermore, it was contended
