Arbitration

Appointment of Arbitrator – Absence of Written Agreement – HELD the parties themselves agreed on a procedure for appointment of the arbitrator and appointed and nominated an arbitrator by mutual consent – Therefore, the application under section 11(6) of the Act, 1996 was not maintainable at all.

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Arbitration

Questions of law – Whether the Group of Companies Doctrine should be read into Section 8 of the Act or whether it can exist in Indian jurisprudence independent of any statutory provision? – Issues referred to larger bench.

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Arbitration

Appointment of Arbitrator – Absence of Written Agreement – Absence of any written contract containing the arbitration agreement, section 11(6) of the Act, 1996 shall not be applicable

sclaw
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