very plea before the Arbitrator and the Arbitrator considered the same in para 45 where the objection to the Arbitrator considering these legal pleas ... about the terms of reference, or an order of the Court under Section 20(4) compelling a reference, the arbitrator is not vested with
adjudicated upon by the Arbitrator. Further the order appointing the Arbitrator passed by this Court specifically referred the issues with regard to the enhancement ... Arbitrator undisputedly, the arbitrator cannot award interest.
31.2. Generally speaking the claim for interest arises for a period prior to reference, during the reference
party shall appoint one arbitrator and the two appointed arbitrators shall appoint the third arbitrator who shall act as presiding arbitrator. Sub- section 4 provides ... that case, when the court refer the parties to arbitration would mean a reference to that arbitrator. When an application is filed under Section
subject matter of reference.
49. In my considered view, in the absence of reference, it was not open to the Arbitrator to have gone into ... dispute is pending before the arbitrator as it is for the period prior to the arbitrator entering upon the reference. This is the principle
Court observed as follows :
Entering on reference, therefore, refers to the first step that the Arbitrator takes in the reference, that is to say, when ... assumes the office of an Arbitrator. An Arbitrator does not necessarily enter on the reference when he actually commences the decision of the matter
arbitrator has no jurisdiction. The submission furnishes the source and prescribes the limit of the arbitrators authority. The arbitrator takes upon himself an authority ... process of the arbitrator and speculate, when no reasons have been given by the arbitrator, as to what impelled the arbitrator to arrive
before the ld. Arbitrator that the ld. Arbitrator could not dictate as to what should be the scope of reference and whether the Petitioner ... fresh agreed terms of reference and that on 11.7.1987 the same i.e. fresh terms of reference were filed. Learned arbitrator has recorded a composite
Arbitrator and by an
order dated 28th August, 1998, Mr. Justice R.S. Pathak was appointed by this
Court as a sole arbitrator. The Arbitrator ... filed counter statements as also counter-claims before the
learned Arbitrator.
The learned arbitrator took up for his consideration the following
claims for his consideration
clause in the agreement stated that all disputes be referred
to arbitrator of two competent London Brokers and their
decision would be 'final ... abundantly
clear that in case of dispute, the matter must be referred
to arbitrator. To that extent, therefore, the agreement is
legal, valid, in accordance
crucial question to be decided, I repeat, is whether reference to
Arbitrator can be made without the consent or volition of all the parties ... able to decide on the Arbitrator
they will have to get the Arbitrator appointed under Section 11 . Similarly
after referring the parties for Arbitration under
