Smc Comtrade Ltd vs The Handicrafts And Handlooms Exports ... on 10 July, 2023
Author: Jyoti
sole Arbitrator to
adjudicate the disputes between the parties.
6. It is further averred that the learned Arbitrator entered upon
reference and intimated the Petitioner ... unilaterally appoint a sole Arbitrator, to adjudicate the disputes
between the parties. Clause 8 is extracted hereunder, for ready
reference:-
"8. Arbitration
under Section 11(5) for appointment of an Arbitrator and vide order
dated 20.03.2018 a sole Arbitrator was appointed. Respondent again
filed an application under ... matter to be remanded back to the Arbitrator and on
18.04.2022, learned Arbitrator entered upon reference. After
conclusion of evidence, learned Arbitrator passed the award
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
Sanjay Mehra vs Sharad Mehra & Ors. on 10 April, 2023
Author: Jyoti Singh
Bench
prior to entering upon
reference;
(c) Fees of the learned Arbitrator shall be determined in
terms of the Fourth Schedule ... accordingly set aside. The newly appointed Arbitrator
shall proceed from the stage of entering upon reference and neither of
the parties will rely
Section 12 of the 1996 Act, prior to entering upon
reference;
(c) Fees of the learned Arbitrator shall be regulated as per the
Fourth Schedule ... expressed by learned counsel for the
Petitioners, the learned Arbitrator is requested to enter upon reference
and fix the first date of hearing, as expeditiously
prior to entering upon
reference.
(c) Fees of the learned Arbitrator shall be regulated as per
Fourth Schedule of the 1996 Act.
(d) Present petition ... Section 17 of the 1996 Act as
expeditiously as possible after entering upon reference.
6. It is made clear that this Court has not expressed
appointment of a sole Arbitrator for adjudication
of disputes between the parties.
2. Petitioner and Respondent entered into an Exclusive
Representation Agreement on 03.01.2020 whereby ... prior to entering upon
reference; and
(c) Fees of the learned Arbitrator shall be regulated in terms
of the Fourth Schedule
Advocate as an Arbitrator and requested the
Respondents to agree to the nominated Arbitrator or nominate their
own Arbitrator, however, even to this there ... parties. The learned Arbitrator shall give a
declaration under Section 12(1) of the 1996 Act before entering upon
reference and the arbitration proceedings shall