This Court restated the position qua pre-
reference interest by referring to the five-Judge Bench referred to
hereinabove and Bhagwati Oxygen (supra). What ... arbitrator, the discretion of the arbitrator is not
in any manner stifled by the terms of the contract
and the arbitrator will be entitled
arises in connection with this
Agreement, such dispute shall be referred to a single
arbitrator in Kansas City, Missouri, U.S.A. to be
appointed ... proceedings in India and any
references in this Chapter to enforcing a foreign award shall
be construed as including references to relying on an award
aforesaid judgment, the appellant itself having
appointed the aforesaid sole arbitrator, referred to the aforesaid
judgment, and stated that being a declaration of law, appointments ... challenge is made to an arbitrator, inter alia, by the same party who
has appointed such arbitrator. This then refers to the challenge
procedure
substitute arbitrator. On appointment of the substitute arbitrator in
the same manner as the first, no application for appointment of independent
arbitrator under Section ... liable to be substituted by another arbitrator as the
other appointed arbitrator would then continue with the reference as sole
arbitrator. This Court, therefore, held
expression “the arbitrator” in Item 16 cannot possibly mean
“the arbitrator” acting as an arbitrator, but must mean that the
proposed arbitrator is a person ... where the
arbitrator must have served “as arbitrator” before he can be
disqualified. Obviously, Item 16 refers to previous involvement in an
advisory or other
complete details before the Arbitrator within one
week from the date of receipt of the notice from the
Arbitrator. The Arbitrator should endeavor to
accord ... decide the dispute itself and also refer it to an
Arbitrator. Otherwise also, reference of any dispute for
arbitration can only be between the licensees
where the parties cannot agree upon an
arbitrator, to an arbitrator appointed by the Court.” This Court referred to
the fact that the words ... arbitrator appointed by the parties, whether
in the agreement or otherwise or, where the parties cannot
agree upon an arbitrator, to an arbitrator appointed
argument challenging
the arbitration agreement, it shall appoint
the arbitrator and/or refer the parties to
arbitration, as the case may be. The
amendment envisages ... other preliminary
issues to be decided by the arbitrator.”
12. The need for reference to any other case law is obviated by a
recent Three
amounts, hence there are no issues
to be adjudicated by an arbitrator. As referred above in the
6
contract entered by and between your client ... argument challenging the arbitration
agreement, it shall appoint the arbitrator
and/or refer the parties to arbitration, as
the case may be. The amendment
envisages
Emergency Arbitrator.
From this, he argued that an Emergency Arbitrator does not fit within the
Arbitration Act as such arbitrator is not an independent quasi ... express or by necessary implication, against an Emergency
27
Arbitrator would show that an Emergency Arbitrator’s orders, if provided for
under institutional rules, would
