former District & Sessions Judge as arbitrator to enter upon the
reference and pass its award. The learned Arbitrator, as a consequence to the
directions ... dispute is pending before the
Arbitrator as it is for the period prior to the
arbitrator entering upon the reference. This is
the principle
Sole Arbitrator vide letter dated 13/05/2011
to adjudicate the disputes arising out of the above noted contract. Ld. Sole
Arbitrator entered reference ... Manraj Enterprises Page 19 of 26
to the arbitrator entering upon the reference. This is the
principle of Section 34 , Civil Procedure Code and there
Chamber, the Sole Arbitrator appointed
by the Chamber has so far not entered upon the reference,
nor the parties have filed their pleadings. The petitioner ... JUDGMENT
under Section 11 on the grounds that an Arbitrator had
already entered reference in the matter.
7.5. Distinguishing the decision in case of Perkins
appointment of a sole arbitrator.
3. Meanwhile, it appears that the sole arbitrator proposed by the respondent
entered upon reference and scheduled the first hearing ... appointed as the sole arbitrator to adjudicate the
dispute between the parties. The sole arbitrator is directed to enter upon reference
and fix his fees
impugned order dated
03.01.2020.
3. It is alleged that the Arbitrator entered into the reference
without appreciating the contents of the arbitration clause ... other party before entering into the reference of arbitration. Only
thing, which the Arbitrator was to satisfy at the time of entering into
reference that
importance to the contract entered into between the parties
and categorically restricts the power of an arbitrator to award pre-
reference and pendente lite interest ... importance to the
contract entered into between the parties and categorically restricts the
power of an arbitrator to award pre-reference and pendente lite interest
enforce the award/order dated 25 th
October, 2020 of an Emergency Arbitrator, Mr. V.K. Rajah, SC. This order
was passed in arbitration proceedings ... companies of FRL
2
Respondents No. 1 to 13 are hereinafter collectively referred to as the
“Biyani Group”.
2.2. The seat of the arbitral proceedings
Arbitration Act, 1940 . Under the said
statute, an arbitrator had power or jurisdiction to grant pre
reference interest under the Interest Act, 1978 as also ... dispute is pending before the arbitrator as it is
for the period prior to the arbitrator entering
upon the reference. This is the principle
importance to the contract entered into between the
parties and categorically restricts the power of an arbitrator to
award prereference and pendente lite interest ... contract entered into between the
6
parties and categorically restricts the power of an arbitrator to
award prereference and pendente lite interest when
nominated another learned sole
Arbitrator to adjudicate the dispute. The
said learned Arbitrator vide notice dated
12.03.2018 entered into the reference and
directed the parties ... withdrawn. The
learned Arbitrator recorded the compromise
entered into between the said parties, which
was beyond the scope of reference in the
arbitration proceedings.
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