provisions of Section 11(6)
read with Section 11(12)(a) of the Act; and
(d) In any case, the arbitration in the present matter ... under Section 11(6) but
such remedy lies elsewhere and under different
provisions of the Arbitration Act ( Sections 12 and 13 ),
the context in which
deals with the appointment of
arbitrator where applicability of Section 12(5) of the Arbitration and
Conciliation Act has not been waived off. Clause ... parties may waive of the applicability of sub- section
12(5) of Arbitration and Conciliation (Amendment) Act, 2015. If they
11
agree or such waiver
counsel for the respondent-Contractor
submitted that in view of Section 12 of the Arbitration and
Conciliation (Amendment) Act, 2015, if the arbitrator ... respondent was
right in filing arbitration petition approaching the High
Court under Section 11 and Section 15 of the
Arbitration Act, 1996 for appointment
concerned, sub-section (8) of Section 11 was substituted for the earlier
Section 11(8) 1 , sub-section (1) of Section 12 was substituted ... earlier Section 12(1) 2 and a new Section 12(5) 3 was added after
Section 12(4) . The opening lines of Section
Objects and Reasons,
12
“… have resulted in delay of disposal of
arbitration proceedings and increase in
interference of courts in arbitration matters,
which tend ... applicable to Section 34 petitions
filed after 23-10-2015, but will be applicable to Section 34
petitions filed in cases where arbitration proceedings
have
Maintainability of the appeals under Section 37 of the Arbitration
Act, 1996
11. Section 37(1) of the Arbitration Act, 1996 reads as follows ... measure under
section 9 ;
(c)setting aside or refusing to set aside an arbitral
award under section 34 .”
12. Section 13 of the Commercial Courts
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
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
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
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
