Radhakrishnan,
4. A.Jagannathan
5.G.Sivakumar
6.The Registrar,
Indian Council of Arbitration,
Federation House,
Tansen Marg,
New Delhi-110 001. .. Respondents.
This original ... first respondent gave a letter dated 1.10.2013 to the Indian Council of Arbitration, requesting them to nominate an Arbitrator on behalf of the petitioner herein
invocation of arbitration under
Section 21 of the Arbitration and Conciliation Act, 1996 read with Rules of
Arbitration of the Indian Council of Arbitration ... arbitration of the Council."
9. It is clear from the comparison of the arbitration agreement
suggested by the Council and the arbitration agreement between
either party may apply Arbitration in accordance with the Arbitration
CS No. 488/17 BGR Energy systems Ltd. Vs. Indian Council of Arbitration ... thereof shall be settled by arbitration in accordance with the Rules of Arbitration and
Conciliation of the Indian Council of Arbitration and the Award made
dispute between the
parties to arbitration according to the Rules of the
Arbitration of the Indian Council of Arbitration. It was
asserted that the agreement ... with the provisions of the Indian Arbitration
Act, 1940 read with the Maritime Arbitration Rules of the
Indian Council of Arbitration, their plea
breach thereof shall be settled
by arbitration in accordance with the Rules of
Arbitration of the Indian Council of Arbitration
and the award made ... parties have to be decided by arbitration in accordance with the Rules
or Arbitration of the Indian Council of Arbitration and the award
made
agree in writing afresh that the arbitration may be conducted
under the Rules of Arbitration of the Indian Council of Arbitration. Therefore, the
Council ... breach thereof shall be settled by arbitration in
accordance with the rules or arbitration of the Indian
Council of Arbitration and the award made
accordance with the
provisions of the Arbitration Act . Under the Maritime Arbitration
Rules of the Indian council of Arbitration, the Arbitrators were
appointed from ... accordance with the
provisions of Indian Arbitration and Conciliation Act, 1996 under the
Maritime Arbitration Rules of the Indian Council of Arbitration (ICA).
The challenge
earlier arbitration proceedings that culminated in an arbitration award.
SAIL also assails the appointment of Arbitrator by respondent no. 1, Indian
Council of Arbitration (hereafter ... Arbitration
& Conciliation Act, 1996 , (No. 26 of 1996) or any further
amendments thereof and under the Maritime Arbitration
Rules of the Indian Council
understood with
reference to arbitration, but merely a ‘result’ of arbitration given by an arbitration
panel of the Indian Council of Arbitration and nothing more ... Arbitration. The proceedings before the arbitration panel were
intended to be structured and held in accordance with the Rules of Arbitration of
the Indian Council
jurisdiction for all disputes
covered under the agreement shall be Indian
Council for Arbitration, Mumbai (India).
The Indian Arbitration Act, 1940 and the
rules there ... Indian Council of
Arbitration at Delhi has not been conferred power under the alleged
arbitration agreement to proceed with the matter and conduct arbitration
proceedings
