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Maintainability of a Section 11 petition was assessed against a special statutory appointment regime under Section 42 of the SEZ Act: where the SEZ Act designates appointment of the arbitrator to the Central Government and makes the Arbitration and Conciliation Act applicable only after such appointment, the general court appointment mechanism under Section 11 does not apply. The court emphasised the need for a valid arbitration agreement and requests to the counterparty before Section 11 can be invoked; absent those prerequisites, the High Court cannot supplant the Central Government's appointment power, and the petition was dismissed as not maintainable.
Maintainability of a Section 11 petition was assessed against a special statutory appointment regime under Section 42 of the SEZ Act: where the SEZ Act designates appointment of the arbitrator to the Central Government and makes the Arbitration and Conciliation Act applicable only after such appointment, the general court appointment mechanism under Section 11 does not apply. The court emphasised the need for a valid arbitration agreement and requests to the counterparty before Section 11 can be invoked; absent those prerequisites, the High Court cannot supplant the Central Government's appointment power, and the petition was dismissed as not maintainable.
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