contains the arbitration clause. Subsequently, after coming into
force of Arbitration and Conciliation (Amendment) Act, 2015 (w.e.f.
23.10.2015), the Government of India, Ministry ... arbitrator where applicability of Section 12(5) of the Arbitration and
Conciliation Act has not been waived off. Clause 64(3)(b) stipulates
that
Digitally signed by R
validity of Section 87 of the Arbitration and Conciliation Act, 1996
NATARAJAN
Date: 2019.11.27
16:57:45 IST
Reason:
1
(hereinafter ... Arbitration Act, 1996 ”) as inserted by
Section 13 of the Arbitration and Conciliation (Amendment) Act,
2019 (hereinafter referred to as the “2019 Amendment
respondent under Section 11 and Section 15 of the Arbitration and
Conciliation Act, 1996 thereby appointing Mr. J. P. Bansal, retired
District Judge ... application
under Section 11(6) and Section 15 of the Arbitration and
Conciliation Act, 1996 before the High Court seeking for
appointment of an independent
laws of the
CAI. The same read as under:
"Arbitration and Conciliation other than regarding
quality
38.- (A) All unpaid claims whether admitted ... above, parties may agree to refer
the dispute or differences for Conciliation as per the
Rules of Conciliation of the Association as approved
by Board
these two petitions filed under Section 34 of the Arbitration
and Conciliation Act, 1996, the Petitioner has impugned the arbitral
awards, both dated 13 January ... Petitioner filed an application under Section 16 of the Arbitration and
Conciliation Act, 1996 on 7 November 2016 and filed the written
statement
petitioner TRL
Krosaki Refractories Ltd. under Section 11 of the Arbitration and
Conciliation Act, 1996 (hereinafter "the Act") for appointment of an
arbitrator ... accordance with
the Rules of Arbitration of the Indian Arbitration & Conciliation
Act, 1996 .
Both Buyer and Contractor shall each select an arbitrator
present petition under Section 11 (6) of the Arbitration and
Conciliation Act, 1996 (hereinafter „the A&C Act‟), the Petitioner prays that
the parties ... hereinafter „the MSME Act ‟).
Thereafter, under Section 18 of the MSME Act, Conciliation proceedings
were held on 16th May 2019, which Petitioner did not attend
read with Section
14(2) and 15(2) of the Arbitration and Conciliation Act,1996 (for short
'the Arbitration Act ') whereby the petitioner ... exercise of its powers under
Section 14(2) of the Arbitration and Conciliation Act,1996 be
pleased to hold that the mandate of the present
duty of the Facilitation Council to first attempt
conciliation and in the event of any failure, the arbitration stage
would arrive later on in terms ... Arbitration and
Conciliation Act, 1996 (hereinafter referred to as "1996 Act").
It was further opined in Paragraphs 74 and 75 as follows
Council is called upon to undertake a conciliation
and if the conciliation fails, make a reference to arbitration. The Council did not
consider the objections ... raised by the petitioner at the conciliation. It mechanically
issued the impugned notice dated June 25, 2019 referring the disputes to
arbitration.
Referring
