elements in an arbitration is
provided for in Section 21 of the 1996 Act clearly
indicating as to when such arbitration has officially begun.
Charles ... arbitrator in terms of Sections 11 and 12 of the 1940 Act
stating :
"...The words "commencement of the
arbitration proceedings" have
after becoming aware of any circumstances
mentioned in sub-section (3) of Section 12 ;
(iv) Section 16 (2) provides that a plea that the tribunal ... writing from the prospective arbitrator
in terms of sub-section (1) of Section 12 , to secure the appointment of an
independent and impartial arbitrator
Reference was invited to sub-section
(8) of section 11 , sub-sections (1) and (3) of section 12 and Section ... case. Nothing in sections 11 , 12 , 18
or other provisions of the Act suggests that any provision in an arbitration
agreement, naming the Arbitrator will
section (4) or sub-section (5) or sub-section (6) to him.
(11) Where more than one request has been made under
sub-section ... arbitration
unless there is an arbitration agreement in writing between the
parties.
In the said Act, provisions have been made in Sections 12
refusal to refer parties to arbitration, or refusal to appoint
an arbitrator.”
12. Pursuant to the Law Commission recommendations, Section
11(6A) was introduced first ... without intervention of the Court under
Section 11 . This Court, in the aforesaid judgment, held:
24
“12. Section 16 of the Act only makes explicit
Australia too an arbitrator, unless required under
section 19 of the Australian Arbitration Act, 1902 to state
in a special case a question ... codified the procedure of civil courts. Sections 3 12 to 325
of Act VIII of 1859 dealt with arbitration between parties
to a suit while
refer the parties to arbitration
under section 8 ;
(b) granting or refusing to grant any measure
under section 9 ;
(c) setting aside or refusing ... section (2)
or sub-section (3) of section 16; or
(b) granting or refusing to grant an interim
measure under section 17 .
(3) No second
from Section 2 to Section 43 , shall,
except sub- section 1 of Sections 40 , 41 and 43 ,
apply to every arbitration under any other enactment ... arbitration was also there in Section 46 of
Arbitration Act, 1940. Section 46 is set out below:
"46. Application of Act to statutory
arbitration
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 ... complete the arbitration within the
period specified by Section 29A of the 1996 Act.
12. The arbitration agreement states that the arbitration will
application filed under sub-clauses
(2), (6), (10) and (12) of Section 11 of the
Arbitration
and Conciliation Act, 1996 ( hereinafter called ... designate
that
the so called arbitration clause is not an arbitration
clause at all falling within section 7 - that such a
question will have
