appointment of arbitrator under section 11 of the said Act.
Consequently, you, the Learned Arbitrator, were appointed as the Sole Arbitrator by
the Court ... that
the word qualification restricted only to the academic or professional qualification. A
designation also can be a qualification of an Arbitrator. The same
that the word qualification restricted only to the academic or professional qualification. A designation also can be a qualification of an Arbitrator. The same ... provisions of the Act. The arbitrator recorded the railways assertion that the arbitrator did not possess such qualification as required in terms of Clause
Chief Justice/his designate can even overlook
the qualification of the arbitrator under the agreement but
arbitration agreement in the instant case does not contain ... specific qualification of the arbitrator under Clause 64(3) of the
GCC and since the appellants failed to appoint an arbitrator until
the application
appointment of the presiding
arbitrator by IRC. There is no qualification that the arbitrator
has to be a different person depending on the nature ... sacrosanct clause, can be rewritten by appointment of a
judicial arbitrator when no qualification therefor is
provided in the agreement?”
37. The answer
which an Arbitrator was to be appointed and the qualification for the Arbitrator. The Arbitrator who was appointed by this Court under Section ... Chief Justice is not strictly bound to appoint an Arbitrator who must have a qualification as agreed upon between the parties, and therefore
learned Judge, "how that reasoning can apply to the qualification of the arbitrator appointed by the other party. The plaintiffs never represented that ... them was there any basic incompetence or lack of qualification in the arbitrator himself, but there was only an irregularity in the manner
fact situation. Firstly, there is no qualification for the arbitrator
prescribed in the agreement. Secondly, to secure the
appointment of an independent and impartial arbitrator ... arbitration agreement was to
specifically provide for any particular qualification(s) of an
arbitrator the same would not denude the power of the Court
acting
appointment of the presiding arbitrator by IRC. There is no qualification that the arbitrator has to be a different person depending on the nature ... appointment of the presiding arbitrator by IRC, there is no qualification that the arbitrator has to be a different person depending on the nature
aforesaid
cases the facts revolved around the qualification of an Arbitrator. Section 12
read with the 5th and 7th Schedule of the Amended ... provide any substantive right
to any party with regard to qualification of an Arbitrator. By the new
schedules the procedure laid down with regard
challenge it before the Arbitrator himself. No writ petition can be entertained challenging the jurisdiction of the Arbitrator if the Arbitrator appointed by the Court ... qualification required of the arbitrator by the agreement of the parties. An appointment of arbitrator, who does not have qualification required of the arbitrator
