Arbitration Petition. In
view thereof, the above Arbitration Petition is disposed of as
withdrawn.”
i. Proceedings under the IBC
12. After withdrawing the Section ... disclosure as
contemplated u/s.11(8) r/w Section 12 of the Arbitration and
Conciliation Act, 1996, to the Prothonotary and Senior Master
section (5) of
Section 12 read with Seventh Schedule to the Act came to be
inserted. Sub-section (5) of Section 12 read with Seventh ... section (5) of Section 12 read with
Seventh Schedule to the Act would render himself ineligible to
conduct the arbitration
higher‘ management. Thereafter,
ONGC filed a petition5 under Section 14 read with Section 15 of the Arbitration
Act before the Bombay High Court ... jurisdiction since the arbitration was an international
commercial arbitration within the meaning of Section 2(f) of the Arbitration Act.
However, ONGC was granted liberty
have commenced
on the date referred to in section 21 .
12
(3) Where an arbitration agreement to submit future disputes to
arbitration provides that ... applications under Section 11 of the Arbitration Act is concerned,
it is clear that the demand for arbitration in the present case was
made
Parties pursuant to Section 12 .2 of if a Parties so requests in
accordance with Section 12 .2 the Dispute shall in dally be settled ... dispute for arbitration;”
12 (2019) 17 SCC 82; hereinafter, referred to as “Hindustan Zinc Limited”
13 (2020) 15 SCC 161
7
12 Section
Arbitration: Conflict of
‘Venue’ versus ‘Seat’ of Arbitration. .................................................... 56
a. Closest Connection Test – Place of Arbitration to be ascertained by the Law
governing the Arbitration ... been filed under Section 11 sub-section (6)(a) read
with Section 11 sub-section (12)(a) of the Arbitration and Conciliation
arbitral tribunal under Section 11(6) of the Act 1996 as the
case is one of international commercial arbitration.
12. The learned counsel submitted that ... expression “existence of an
arbitration agreement” in Section 11 of the Arbitration Act,
would include aspect of validity of an arbitration agreement,
albeit the court
present petition in terms of Section 11(6) read with Section 11(12)(a) of
the Arbitration & Conciliation Act, 1996 (for short ... project at the execution level.
Arbitration Petition No. 38/2020 Page 5 of 26
12. Unable to resolve the issues, the contract
ORIGINAL JURISDICTION
ARBITRATION PETITION NO. 20 OF 2019
ASLAM ISMAIL KHAN DESHMUKH …PETITIONER
VERSUS
ASAP FLUIDS PVT. LTD. & ANR. …RESPONDENTS
WITH
ARBITRATION PETITION ... present two petitions in terms of Section 11(6)
read with Section 11(12)(a) of the Arbitration & Conciliation Act, 1996 (for
short
part of India. Section
7B contains a provision for the arbitration of disputes and is in the following
terms:
“7B. Arbitration of disputes.—(1) Except ... 12, this Court has held that an
arbitration agreement governed by the Arbitration and Conciliation Act 1996 will
10
“Act of 2019”
11
Section
