named
Arbitrator. It is further contended that the notice was received on 31.07.2019 and
the named Arbitrator entered upon the reference ... misdirected as the same has been
filed after the Arbitrator entered upon the reference and conducted proceedings.
4. Heard learned counsel appearing for the parties
named
Arbitrator. It is further contended that the notice was received on 31.07.2019 and
the named Arbitrator entered upon the reference ... misdirected as the same has been
filed after the Arbitrator entered upon the reference and conducted proceedings.
4. Heard learned counsel appearing for the parties
loan agreement dated 30.04.2015
and appointed the arbitrator. The arbitrator entered
the reference. Both the sides participated in the
arbitration proceedings. Lastly, the arbitrator made ... arbitrator and prayed that the arbitrator
should withdraw as the sole arbitrator to adjudicate
upon the dispute between the parties. However, the
arbitrator dismissed
said agreement
and appointed the arbitrator. The arbitrator entered the
reference and conducted the arbitration proceedings. As per
the impugned award, the petitioner failed ... loan
agreement dated 25.04.2017 and appointed the arbitrator.
The arbitrator entered the reference and made the impugned
award.
8. Counsel for the petitioner pleaded that
under Section 34 of the
Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the
Act' and/or the 'the principal ... inherent jurisdictional
issues pertaining to the eligibility of the arbitrator to enter
reference in the first place. The petitioner / award debtor has
prayed for setting
doubts about the independence and
impartiality of the Arbitrator and requested him to enter upon
reference and continue with the arbitral proceedings.
3.1 The Arbitrator ... petitioners, FTL and Abishekh
Kothari agreed to the learned Arbitrator entering upon reference
and continuing with the arbitral proceeding, clearly with the
understanding that
notice invoking
arbitration, the Arbitrator was unilaterally appointed by the
applicant, who entered into the reference and passed an ex-parte
award ... section 6 of Section 11 , to appoint a Sole Arbitrator to
enter into the reference afresh, from the stage of filing of
statement of claim
aforesaid period, either party
may request the learned arbitrator to enter into the reference
forthwith.
F. The parties are free to make an application under ... will bind respondent No. 1 until the learned
arbitrator has entered upon the reference and considered the matter
for grant of ad-interim relief
sole Arbitrator.
Sh. R.K. Aggarwal, Retd. Principal CE, Northern Railway was
appointed as a sole Arbitrator, who entered upon reference on
13.11.2021 but carried ... Section 12 of the 1996 Act, prior to entering upon
reference;
(d) Fees of the learned Arbitrator shall be regulated in terms
of the Fourth
learned arbitrator.
d. The learned arbitrator is requested to furnish a declaration under
Section 12 of the Act prior to entering into the reference ... herein
before the erstwhile arbitrator may be filed before the learned
arbitrator, immediately upon the learned arbitrator entering into
reference. Copies of the said documents
