arbitrator and
that the parties were consensus ad idem on
the identity of the arbitrator. Further, the
arbitrator had no right to enter reference
merely ... other named arbitrator
(Mr.B.I.Sharma) in the agreement. It is only after the
arbitrator entered reference and only after claim petitions
were filed
arbitrator and
that the parties were consensus ad idem on
the identity of the arbitrator. Further, the
arbitrator had no right to enter reference
merely ... other named arbitrator
(Mr.B.I.Sharma) in the agreement. It is only after the
arbitrator entered reference and only after claim petitions
were filed
absence of impartiality
of the learned Arbitrator. It is further stated that as the learned Arbitrator had
entered reference in the year ... Arbitration Act, as it stood when the
Arbitrator entered reference, mandate of the Arbitrator would automatically
stand terminated on expiry of the period
Consultant and the Contractor before entering the reference.
12. The meaning of the word 'entering reference' has been considered
by the Supreme Court ... enter on
the reference as soon as they have accepted their
appointment and have communicated to each other
about the reference. If the Arbitrator fails
first arbitrator is without jurisdiction. Another controversy which has been raised in this petition is the date when the arbitrator entered upon the reference ... enter into reference from the date of issuance of notice to the parties, then he has certainly entered into the reference when at the behest
Sole Arbitrator to adjudicate the dispute/differences between it
and Shri Narender Singh. The Arbitrator entered into reference and
issued letter dated ... submit his claim before the
learned Arbitrator and requested the Arbitrator to enter into reference.
On the basis of same, the learned Sole Arbitrator started
reference.
2. 24.08.1992 : The arbitrator modified the reference and
corrected the earlier notice dated 7.8.1992.
3. 11.11.1992 : In its order, the then Arbitrator observed that ... about five (5) years Shri
Guru Dutt, the then Arbitrator, entered upon
reference
7. 11.02.2000 : The Second arbitrator Shri Guru Dutt neither
gave the award
commencing from the date of dispute till the date the Arbitrator enters
upon the reference; (ii) for the period commencing from the date ... entering upon reference and for
the period the reference was pending before him (pendente lite). The
contractor had claimed interest and the arbitrator did award
referred
to.
In the instant case, April 2, 1984 is the date of the
reference to arbitration, on August 22, 1984 the arbitrator
entered upon ... date of the reference or the date on
which the arbitrator entered upon the reference as the date
of the calculation of interest. In this
Rajasthan)
5
to appoint him as the arbitrator. On being appointed, the arbitrator entered
upon the reference and the contractor filed a claim statement before ... claims from the date of claim to date of arbitrator entering upon the
reference (18.6.1990 to 15.12.1991), as also pendente lite interest from
