reference notice to the
appellants as contemplated U/S 21 of Arbitration and Conciliation Act,
1996 .
12. The counsel for the appellant argued that ... courts. Sub-section (2) of section 43
provides that for the purposes of section 43 and the Limitation Act,
1963 , an arbitration shall be deemed
present application filed under
Section 34 of the Arbitration and Conciliation Act 1996 by the plaintiff.
25. Under Section 12 of the Arbitration and Conciliation ... filed by the plaintiff under
Section 34 of the Arbitration Conciliation Act is allowed.
The Arbitration Award dated 12-05-2010 passed
by the Arbitrators
claimant.
Arb No.348/18 age 5 of 12
Section 21 of Arbitration & Conciliation Act is as follows
21. Commencement of arbitral proceedings.
Unless ... entire foundation on which the
arbitration proceedings commenced has been shattered.
19. Further as per Section 12 of A&C Act arbitrator is required
award of 28.01.2017 and the present suit is within limitation.
12. Section 21 of Arbitration & Conciliation Act is as follows
21. Commencement of arbitral ... entire foundation
on which the arbitration proceedings commenced has been
shattered.
19. Further as per Section 12 of A&C Act arbitrator is required
Arbitrator.
9. He has further argued that declaration required
and Section 12 of the Arbitration & Conciliation Act,
1996 is not on record and there ... Page no. 5 of 19
6
compliance of Section 12 & 13 of the Arbitration and
Conciliation Act, 1996 has not been done by arbitrator
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
