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
Counsel also
referred to the newly inserted subsection 6A to section 11
by the Arbitration and Conciliation (Amendment) Act, 2015
to contend that ... Doshit, former Chief Justice of
Patna High Court, as per section 12 of the Arbitration and
Conciliation (Amendment) Act, 2015, to act as a sole
affected and cannot be transferred.
Sections 12 and 21 of the Act of 1992 read as under :-
Section : 12 :
"Revision :- (1) The High Court ... provisions of Section 11 or 12 shall be final and binding on the parties to the dispute. Sub- section 6 makes such an award
OJMCA/112/2014 CAV JUDGMENT
requires consideration :-
Section 12 and 13 of the Arbitration & Conciliation Act,
1996 which are pertinent, reads thus -
"12 ... play from him. In an application made
under Section 5 , 11 & 12 of the Arbitration Act, 1940 for
removal of the arbitrator
order, if any, madeunder section 11 or 12 shall be deemed to be adecree within the meaning of section 2 of theCode of Civil Procedure ... hasbeen made and shall be executed accordingly.
Sec. 13(1) Save as otherwise provided by section 12 ,no Civil Court shall have jurisdiction to dealwith
Rule.
This revision application under Section 12 of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 (hereinafter referred ... submitted the award to the Civil Judge (S.D.), Anand, under Section 14(2) of the Arbitration Act, 1940 which was registered as Misc. Civil
computing the periods prescribed under
Sections 23 (4) and 29A of the Arbitration
and Conciliation Act, 1996, Section 12A of
the Commercial Courts ... arbitration proceedings in
relation to section 29A of
the Arbitration and
Conciliation Act, 1996 and
(ii) initiation of proceedings
under section 138 of the
Negotiable
12 November, 1998
Equivalent citations: AIR1999GUJ209, AIR 1999 GUJARAT 209
Author: D.C. Srivastava
Bench: D.C. Srivastava
ORDER
1. This revision under Section ... additional terms and conditions including shipping terms and conditions.
12. Section 2(a) of the Arbitration Act defines Arbitration agreement to mean a written agreement
provisions of Section 45 of the New Act which read as under :
"45. Power of judicial authority to refer parties to arbitration. - Notwithstanding anything ... being performed.
12. At this stage it is also required to be noted that language of Section 34 of the Arbitration Act, 1940 conferred discretion
that in view of the amendment in
the Arbitration and Conciliation Act, 1996 read with Section
3G (5) of the National Highways ... view of the
amendment in Section 12 read with amended Schedule 5 and
Schedule 7 of the Arbitration and Conciliation Act as
amended
