Court
was considering a similar Arbitration Agreement as in the
present case. After considering the effect of Section 12(5)
being introduced into ... Rules.
23. Needless to say, before commencing arbitration, the learned Presiding
Arbitrator will ensure compliance with Section 12 of the Act.
(REKHA PALLI)
JUDGE
AUGUST
this Court,
in proceedings under Section 11 of the 1996 Act, is
confined only to the existence of an arbitration agreement
and nothing more. Reliance ... forward his statement of disclosure
under Section 11(8) read with Section 12(1) of the
Arbitration Act to the Registrar of this Court,
referencing
High
Court, while considering any application under sub-section
(4), or sub-section (5) or sub-section (6), shall
notwithstanding any judgment, decree or order ... forward the necessary statement of disclosure under
Section 11(8) read with Section 12(1) of the Arbitration
Act to the Prothonotary and Senior Master
Arbitration Clause, petitioner has
a right to refer its disputes to Arbitration. It is contended, however, that in
view of Section 12 (5) read with ... arbitration clause constitutes an arbitration
agreement if the contract is in writing...."
15. Section 7(5) therefore requires a conscious acceptance of
the arbitration
writing from the prospective arbitrator in terms of sub-section (1) of Section 12 , and have due regard to--
(a) any qualifications required ... than one request has been made under sub-section (4) or sub-section (5) or sub-section (6) to different arbitral institutions, the arbitral institution
Section 17
of the Arbitration and Conciliation Act, 1996 (hereafter referred to
as 'Act of 1996') vide its order dated 02/12/2019 ... protection in respect of securing the amount in dispute of
arbitration as per Section 17(ii)(b) of the Act of 1996. Learned
counsel
2020 Page 12 of 15
Arbitration and Conciliation Act, 1996 , as amended by the
Arbitration and Conciliation (Amendment) Act, 2015 . The
Arbitration shall be conducted ... Work Order dated 01.03.2018.
19. Before commencing arbitration proceedings, the learned
Arbitrator will ensure compliance with Section 12
country will govern and control a given
arbitration, the place where the arbitration is to be
heard will not dictate what the governing ... declaration in terms of Section 11(8) and
12(1) of the amended Arbitration Act in the prescribed form as
contained in the 6th Schedule
both), the
necessary statement of disclosure under Section 11(8)
read with Section 12(1) of the Arbitration Act to
Advocates for the parties ... Section 16 application: The respondent is at liberty to
raise all questions of jurisdiction within the meaning of
section 16 of the Arbitration
petitioner, in this petition, preferred
under Section 14, read with Section 12(4) of the Arbitration &
Conciliation Act, 1996 (hereinafter referred ... under Section 9 of the Arbitration and Conciliation Act, 1996
on 21.12.2018. The undersigned had been directed to give for
disclosure under Section 12
