dispute is pending before the arbitrator as it is for the period prior to the arbitrator entering upon the reference. This is the principle ... pending before the arbitrator as it is valid for the period prior to the arbitrator entering upon the reference." If that is the basis
sole Arbitrator by notice dated 18-1-96 directed the parties to appear before him for further proceedings. The Arbitrator entered into reference and eventually ... already come into effect by the time the learned Arbitrator had entered into reference and, therefore, the provisions of the Act would not be applicable
Jain (Retd.) as the arbitrator was not communicated by the High Court, the arbitrator was unable to enter upon the reference despite being approached ... extended to enable the arbitrator to make and publish his award.
6. The Arbitrator admittedly entered upon the reference on 18.8.1994 when an order
Arbitration Act whereby the Arbitrator could extend the time for making the award. The Arbitrator had entered into the reference on 30.8.1988 and the award ... from the date of entering upon the reference. Mr. Hemant submitted that the parties willingly referred the matter to the Arbitrator in order to find
were issued for appointment of new Arbitrator. The Arbitrator was appointed on 7.6.1993. The Arbitrator entered upon reference on 19.7.1993 and made and published ... Arbitrator and the subsequent proceedings which consumed nearly 13 years before the new Arbitrator was appointed and could enter upon reference on 19.7.1993. Furthermore
writing to the Superintending Engineer, requiring that the matter may be
referred to arbitrator and fur-nishing detailed particulars of the dispute
or difference ... consent of the contractor.
(5.2.) Shri W.V. Oak, the arbitrator entered upon the reference. The
Government of Madhya Pradesh appeared before the arbitrator
formal agreement dated November 17, 1989 to refer the disputes
to Arbitrator Lalit Mehta was entered into by the parties. It was signed by
Harendra ... that the challenge to the agreement
was made after the arbitrator had entered into reference. The court
observed that Harendra Was a seasoned businessman, having
side are, therefore, referred to the aforesaid
Arbitrator with a direction that he shall enter upon the
reference and make his award within four months ... annum as granted by the arbitrator from the date the
arbitrator entered into reference till realisation of the
amount under the award.
When the appeal
letter to the Principal Subordinate Judge, Visakhapatnam to enter into the reference as arbitrator. The Principal Subordinate Judge, however, declined to enter into any reference ... Subordinate Judge on April 13, 1992 and the disputes were referred to a sole arbitrator. State of Andhra Pradesh felt aggrieved and challenged the appointment
Award within a period of four months on entering the reference. The fee of the Arbitrator is fixed at a maximum ... earlier by this Court shall remain in force till the Arbitrator enters on the reference.
The application is accordingly, allowed
