petitioner filed another application under Section 16(3) read with
Section 12 of the Arbitration and Conciliation Act which was taken up on
31st August ... ground that his
Application under Section 16(3) read with Section 12 of The
Arbitration and Conciliation Act, 1996 should be heard and
decided first
ground that justifiable
doubts have arisen Under Sub-section (3) of Section 12 subject to
the caveat entered by Sub-section (4) of Section 12 ... proviso to section
12 (5) , where parties may, subsequent to disputes having arisen
between them, waive the applicability of the proposed section
12
section (6A) to Section 11 . While dealing with this issue,
the Apex Court held that after the Amendment of Section 11 and sub-
section ... lead to some confusion on the applicability of
Section 12(5) to a case where arbitration had been invoked prior to the
Amendment
Section 11(6A) of the Arbitration and Conciliation Act requires the
Court to confine itself to the existence of an arbitration agreement. Section ... learned arbitrator shall ensure the compliance of Section 12 of
Arbitration and Conciliation Act, 1996 before commencing the arbitration.
17. The fees of the arbitrator
there exists an
arbitration agreement between the parties. The said
para is reproduced hereinbelow.
"5. That there are separate Arbitration Clauses
between the Plaintiff ... referred to arbitration in
accordance with Section 8(1) of the Act."
CS (OS) 523/2018 Page 8 of 17
12. The third objection
tested before the concerned Court in Singapore under Section 10
of the International Arbitration Act (CHAPTER 143A).
(ix) The cause of action for laying ... would be different from the evidence
laid in the 1st arbitration proceedings.
CS (COMM) 12/2019 Pg. 18 of 50
(xii) Furthermore, it was contended
Arbitration agreement referred to sub section 1 of Section 7 of
Arbitration Act. The Sub Section 1 ol Section 7 of Arbitration &
Conciliation ... well as arbitration proceedings under sub-sections
(2) and (3) of Section 18 of the MSMED Act. Section 80 of the
Arbitration Act, 1996 reads thus
disqualified from acting as an
Arbitrator in terms of Section 12 (5) of the Arbitration and Conciliation Act,
1996 („ AC Act ‟) read with the Entry ... Section 12 (5) of the
AC Act read with the Seventh Schedule thereof.
25. On the general plea that the remedy of arbitration
disputes could not be settled, on application under Section 11 they were
referred to arbitration. The arbitration proceedings, resulted in the award
dated ... date of
pronouncement, it had filed an application under Section 12 read with
Section 13 of the Act calling upon the Sole Arbitrator to withdraw
present petition, under the provisions of the Indian Arbitration
Act, 1940 (hereinafter, „ Arbitration Act ‟) has been commenced after receipt
of award dated 9th December ... 2065A/1996 was filed by NTPC, under Sections 5 , 11 , and 12 of the
Arbitration Act, praying that the arbitration agreement between the parties
