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1 - 6 of 6 (0.18 seconds)Trf Ltd. vs Energo Engineering Projects Ltd. & Anr. on 17 February, 2017
3. Mr. Grover, learned Counsel for the petitioner, points out that
the afore-extracted clause was unenforceable in law in view of Section
12(5) of the Arbitration and Conciliation Act, 1996, ("the 1996 Act"),
read with the judgments of the Supreme Court in TRF Limited v.
Energo Engg. Projects Ltd. 1, Perkins Eastman Architects DPCC v.
HSCC (India) Ltd.2, Bharat Broadband Network Ltd. v. United
Telecoms Ltd.3, and Haryana Space Application Centre v. Pan India
Consultants Pvt Ltd.4 There can be no cavil with this proposition, as
an arbitration clause which confers exclusive authority on one of the
parties to the agreement to appoint the arbitrator is not enforceable in
law.
Perkins Eastman Architects Dpc vs Hscc (India) Limited on 26 November, 2019
3. Mr. Grover, learned Counsel for the petitioner, points out that
the afore-extracted clause was unenforceable in law in view of Section
12(5) of the Arbitration and Conciliation Act, 1996, ("the 1996 Act"),
read with the judgments of the Supreme Court in TRF Limited v.
Energo Engg. Projects Ltd. 1, Perkins Eastman Architects DPCC v.
HSCC (India) Ltd.2, Bharat Broadband Network Ltd. v. United
Telecoms Ltd.3, and Haryana Space Application Centre v. Pan India
Consultants Pvt Ltd.4 There can be no cavil with this proposition, as
an arbitration clause which confers exclusive authority on one of the
parties to the agreement to appoint the arbitrator is not enforceable in
law.
Bharat Broadband Network Limited vs United Telecoms Limited on 16 April, 2019
3. Mr. Grover, learned Counsel for the petitioner, points out that
the afore-extracted clause was unenforceable in law in view of Section
12(5) of the Arbitration and Conciliation Act, 1996, ("the 1996 Act"),
read with the judgments of the Supreme Court in TRF Limited v.
Energo Engg. Projects Ltd. 1, Perkins Eastman Architects DPCC v.
HSCC (India) Ltd.2, Bharat Broadband Network Ltd. v. United
Telecoms Ltd.3, and Haryana Space Application Centre v. Pan India
Consultants Pvt Ltd.4 There can be no cavil with this proposition, as
an arbitration clause which confers exclusive authority on one of the
parties to the agreement to appoint the arbitrator is not enforceable in
law.
Haryana Space Application Centre ... vs M/S Pan India Consultants Pvt. Ltd. on 20 January, 2021
3. Mr. Grover, learned Counsel for the petitioner, points out that
the afore-extracted clause was unenforceable in law in view of Section
12(5) of the Arbitration and Conciliation Act, 1996, ("the 1996 Act"),
read with the judgments of the Supreme Court in TRF Limited v.
Energo Engg. Projects Ltd. 1, Perkins Eastman Architects DPCC v.
HSCC (India) Ltd.2, Bharat Broadband Network Ltd. v. United
Telecoms Ltd.3, and Haryana Space Application Centre v. Pan India
Consultants Pvt Ltd.4 There can be no cavil with this proposition, as
an arbitration clause which confers exclusive authority on one of the
parties to the agreement to appoint the arbitrator is not enforceable in
law.
Section 12 in The Arbitration And Conciliation Act, 1996 [Entire Act]
1