15th
May, 1996 the Joint Arbitrators entered into the reference. On 11th February,
1999 the umpire entered into reference. Between February 25, 1999 and June ... dispute is pending before the arbitrator as it is for the period prior to
the arbitrator entering upon the reference. This is the principle
have been awarded from 11th
February, 2014 when the sole arbitrator had entered reference and not for
any period prior thereto.
Per contra, Mr. Amitava ... First Schedule, an
arbitrator was required to make award within four months after entering on
the reference or after having called upon
that by an agreement dated February 12,
2010 entered into between the parties (hereinafter referred to as "the contract"), the appellant
awarded ... respondent against the appellant. On December 07, 2016
the learned Arbitrator entered upon reference and the respondent filed its statement of claim. The
appellant also
within four weeks from the date or
entering into reference.
The admitted position is that the learned Arbitrator appointed
by the Court had never been ... Arbitrator.
Since the Arbitrator was not notified or informed of her
appointment, the question of running of time from her date of entering
reference does
agreement no.116410 dated September 22,
2016 were referred by the petitioner to an Arbitrator. In the
said arbitral proceeding the petitioner filed an application ... petitioner, however, submitted that until the new Arbitrator
enters upon reference, this Court should appoint a Receiver to
take possession of the aforementioned hypothecated asset
appointed as sole
Arbitrator to adjudicate the dispute between the parties. The Arbitrator shall
enter reference only upon intimation of compliance of this order ... observations made in this order.
The commensurate remuneration of the Arbitrator may be
fixed by the Arbitrator at the first sitting of the arbitration preferably
arbitration proceedings which is condoned.
It appears that the Arbitrator although had entered upon
reference on 20th December, 2016 but the first sitting ... period of six months from the date of entering upon the
reference. The Arbitrator shall be entitled to a consolidated remuneration of
Rs.2 lakhs
application.
The grievance of the petitioner is that although the
Arbitrator has entered reference in the year 2011 but no substantial progress
has been made ... granted so that pending reference may be disposed of at the earliest instead of
terminating the mandate of the Arbitrator.
Under such circumstances, this application
that the arbitrator has implied power and authority like that of a Court to
award interest pendente lite. The power of the arbitrator to grant ... dispute is pending before the
arbitrator as it is for the period prior to the arbitrator entering upon the
reference. This is the principle
petitioners. Be that as
it may, the petitioners have appointed a sole arbitrator in terms of
such arbitration agreement by a writing dated November ... arbitrator to arbitrate
the disputes between the first petitioner and the third respondent.
The arbitrator has claimed to have entered into reference on
November
