award,
the claimants would not be entitled to the same for
the simple reason that the arbitrator is not a court within
the meaning ... recover
interest. They are not entitled to claim pendente lite
interest as the arbitrator is not a court nor were the
references to arbitration made
Civil Procedure Code, 1908. But
sec. 34 does not apply because an arbitrator is not a court
within the meaning of the Code nor does ... rejected." Thus while the court did not dispute the
proposition that the arbitrator was not a court, it held
that in a case where
hence they did not appoint the arbitrator. When the arbitrator appointed by the contractor attempted to proceed as sole arbitrator the company filed the petition ... Court is only called upon to supply the Arbitrator and the moment it names the Arbitrator, the Court becomes functus officio. The arbitration proceedings thereafter
Supreme Court observed as follows:
"It is not open to the Court to probe the mental process of the arbitrator and speculate, where ... arbitrator so that award by the arbitrator does not perpetrate gross miscarriage of justice and the same is not reduced to mockery of a fair
not a Court. The Supreme Court had not
decided the issue as to whether the claim of dissolution of the
partnership firm by an arbitrator ... learned arbitrator.
40. Learned arbitrator passed an order on 11th October, 2017.
It is not in dispute that the learned arbitrator in the impugned order
not a Court. The Supreme Court had not
decided the issue as to whether the claim of dissolution of the
partnership firm by an arbitrator ... learned arbitrator.
40. Learned arbitrator passed an order on 11th October, 2017.
It is not in dispute that the learned arbitrator in the impugned order
Court. The expression 'court' as defined in Section 2(c)
means a civil Court and does not include an Arbitrator. It would ... which provides for the
same did not apply to Arbitrator inasmuch as an Arbitrator is not a court
with in the meaning of the said
finding out whether or not the arbitrator had committed an
error of law or fact, that the arbitrator had not incorpo-
rated in the award ... not open to the court
to sit in appeal over the decision of the arbitrator and the
court could not adjudicate upon the justification
not could
not be finally decided by the arbitrator because it was a
matter relating to his jurisdiction, and that the arbitrator
cannot ... specific question from the arbitrator rather than one
from the court, then the court will not interfere with the
award of the arbitrator
same were not produced again by Party No. 1
before the arbitrator could not be construed to mean that
the arbitrator had committed a misconduct ... High Court the arbitrator deviated from the
judicial standard expected of him as an arbitrator in
returning these documents. The High Court has not indicated
