https://www.taxtmi.com/caselaws?id=197279 Section 42 of the Arbitration and Conciliation Act does not oust jurisdiction unless the first Part I application is bona fide and made to a court of competent jurisdiction; an earlier Section 9 filing found to have been used to impair the opposing party's Section 34 remedy did not bar the present petition, so jurisdiction was upheld. The arbitration clause also required notice, a reasonable time to appoint, and recourse to the statutory appointment mechanism if the agreed procedure failed; unilateral assumption of sole arbitral authority by the first nominee, without valid compliance with that procedure, was contrary to the contract and Section 11, so the tribunal was held ly constituted and the award was set aside. en-us Mon, 05 Jun 2006 00:00:00 +0530 Mon, 01 Jan 2018 18:05:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197279 Section 42 of the Arbitration and Conciliation Act does not oust jurisdiction unless the first Part I application is bona fide and made to a court of competent jurisdiction; an earlier Section 9 filing found to have been used to impair the opposing party's Section 34 remedy did not bar the present petition, so jurisdiction was upheld. The arbitration clause also required notice, a reasonable time to appoint, and recourse to the statutory appointment mechanism if the agreed procedure failed; unilateral assumption of sole arbitral authority by the first nominee, without valid compliance with that procedure, was contrary to the contract and Section 11, so the tribunal was held ly constituted and the award was set aside. Case-Laws Indian Laws Mon, 05 Jun 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197279