appointed as the sole arbitrator to adjudicate the
disputes arising under the joint development
agreement only. The sole arbitrator entered reference
and issue notice ... submission of arbitration. In paragraph 322 of the
award the arbitrator has referred to the decision
reported in 2006(1) SCC 68, wherein
learned Arbitrator has
observed that against above term of contract, the Arbitrator
has no jurisdiction to travel. Thereafter, learned Arbitrator
refers to clause ... been elaborately discussed by the learned Arbitrator in
page No.36 of the Award. Learned Arbitrator has referred
to correspondences between the parties
learned Arbitrator has given clear findings. As far as
issue relating to counter claim and common area
management, the learned Arbitrator has referred the
evidence ... learned Arbitrator
taken into account, the area sold out by the petitioner, after
taking possession of the same.
60. Learned Arbitrator specifically refers
contract whatsoever are
required to be referred to the arbitration. Therefore,
reference of the dispute to the arbitrator cannot be termed
as without jurisdiction. Still ... scope of his reference or beyond the
subject-matter of the reference or he makes the award
disregarding the terms of reference or the arbitration
agreement may appoint an arbitrator or request
the noticee to appoint an arbitrator in terms thereof. In
the event, an arbitrator is appointed ... before the arbitrator commences. This Court
answered the same saying that the proceeding before the
arbitrator commences when he enters upon the reference and
conclude
named arbitrator, appoint an independent
Arbitrator in accordance with section 11(8) of the Act. In other words,
referring the disputes to the named arbitrator ... parties to the named arbitrator or named
Arbitral Tribunal. Ignoring the named Arbitrator/Arbitral Tribunal and
nominating an independent arbitrator shall be the exception
arbitrator. D
HEADNOTE:
In the appeals by Special Leave to this Court the
question for consideration was: whether an arbitrator to
whom a reference ... arbitrator and that the interest claimed before the
arbitrator and awarded by the arbitrator related to the
period prior to the reference to arbitration
arbitrator. According to the respondent the court
becomes functions officio after appointing an arbitrator and
has no jurisdiction to refer the matter ... arbitrator appointed by
the parties, whether in the agreement or otherwise, or,
where the parties cannot agree upon an arbitrator, to
an arbitrator appointed
said dispute was referred to
arbitrator. The arbitrator, therefore, had the jurisdiction
to decide this issue. Inasmuch as reference to the
arbitration was made after ... claims. On 19.10.1976, the Chief Engineer
appointed a sole arbitrator. The arbitrator entered upon the
reference and thereafter on 12.5.1981 gave an award
reference to the named
Arbitrator. This was vide letter dated 20.8.1992. The Arbitrator entered upon
the reference on 24.8.1992. He fixed the hearing ... appellant had referred the dispute to the
arbitrator. On 24.8.1992 the arbitrator entered upon the reference and fixed
the date of hearing
