after that date the Arbitration Act , Sections 5 and 6 (Section 8 and 9, Indian Act) which reproduced Sections 12 ... language used in Sections 5 and 6 , English Arbitration Act is different from the language used in Sections 12 and 13, English Common Law Procedure
enlargement which is now conferred by
Section 16(2) . . '
16. The Indian Arbitration Act, 1899 by Sections 12 and 13 empowered the Court ... Court. The provisions of Sections 12 and 13 of this Act are materially different from Section 16 , Indian Arbitration
appointed under Section 8(1)(b) or may have the umpire removed
under Section 11(1) and his substitute appointed under Section 12 ... arbitration agreement shall cease to have effect under Section 12(2)(b) .
Section 3 of the Arbitration Act, 1940 read with paragraph
failure of arbitration under any other enactment, section 46 of the Arbitration Act seeks to step in and effectuates arbitration of the dispute referred under ... apply, except those excluded by section 46 itself. One of the excluded sections is section 12 of the Arbitration Act, which gives power
petitioner submits that subsequent application under Sections 12 and 17 of the Act was not maintainable. Section 12 of the Act mentions the power ... party to the arbitration agreement appoint persons to fill the vacancies. Sub-section (2) of Section 12 lays down where the authority of an Arbitrator
still pending, the petitioner moveda petition under sections 5 and 12(2)(B) of the Arbitration Act. Thatis the petition now before me. The respondents ... case to have effectwith respect to the differences referred. Section 12(2)(b) of the arbitration Act authorises the Court, in its discretion, to make
also in absence of any
provision for such objection under Section 12 of the Arbitration and
Conciliation Act, 1996 (for short, "the Arbitration ... disputes as if the
arbitration was in pursuance of an arbitration
agreement referred to in sub-section (1) of section 7 of
that
Planning
Product contemplates different type of arbitration covered under Part
of Arbitration and Conciliation 1996 wherein Sec. 45 of the Act has no
application ... referred to arbitration under Section 45 of
the Arbitration Act - being a case of an international commercial
arbitration - and till such time the said issue
dispute as if the arbitration was in pursuance of an
arbitration agreement referred to in sub-section (1) of
section 7 of that ... Arbitration
and Conciliation Act, 1996 will apply, as if arbitration was in
pursuance of an arbitration agreement referred under sub-
section (1) of Section
Khan, after drawing our attention to sub-section (5) of Section 12 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration ... section (5) of Section 12 and the other party cannot insist on appointment of the arbitrator in terms of arbitration agreement
