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    <title>2016 (7) TMI 1056 - Supreme Court</title>
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    <description>A time-bound contractual arbitration procedure must be exhausted before a Section 11(6) request can be entertained. Where the clause required a demand notice, a 60-day response period, and only then a panel-based appointment process, a request filed before expiry of that period was premature. The Court held that the Railways had not forfeited their contractual right to appoint an arbitrator because that right had not yet matured when the application was made. The appointment of a former Judge could not therefore stand, and the matter had to proceed first under the agreed arbitration mechanism.</description>
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      <title>2016 (7) TMI 1056 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=330458</link>
      <description>A time-bound contractual arbitration procedure must be exhausted before a Section 11(6) request can be entertained. Where the clause required a demand notice, a 60-day response period, and only then a panel-based appointment process, a request filed before expiry of that period was premature. The Court held that the Railways had not forfeited their contractual right to appoint an arbitrator because that right had not yet matured when the application was made. The appointment of a former Judge could not therefore stand, and the matter had to proceed first under the agreed arbitration mechanism.</description>
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      <pubDate>Mon, 25 Jul 2016 00:00:00 +0530</pubDate>
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