2024 (2) TMI 1009

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....he Arbitration and Conciliation Act, 1996 with the following prayer: "i. Allow the present petition and appoint an Arbitral Tribunal in accordance with law and as per the procedure prescribed under Section 15(2) of the Conciliation Arbitration and Act, 1996 and as per Clause 15 of the Contract No. 6208760 dated 10.01.2019 to adjudicate upon the disputes between the parties arising out of Contrac....

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....ominee was apparently taken by the claimant. Responding to the said notice, the present petitioner had issued a communication dated 19.08.2023 to the nominee Arbitrator on behalf of the petitioner. The controversy has started from a subsequent communication issued by the respondent dated 12.10.2023 whereby, the nominee earlier appointed by the respondent- claimant was changed and another nominee w....

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....contends that unless the procedures prescribed in the Act as well as the Contract are duly followed, the present Tribunal cannot proceed with the matter. 5. The learned counsel has also referred to Clause 15.0 which is with regard to settlement of dispute and arbitration. Clause 15(5) of the Contract which reads as follows: "If any of the Arbitrators so appointed dies, resigns, becomes incapaci....

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....er is not in possession of such order. 7. Therefore, this Court proceeds with the presumption that there is a consent by the nominee Arbitrators of both the parties towards the appointment of the Presiding Arbitrator in absence of which such Presiding Arbitrator will not assume jurisdiction to adjudicate the dispute and for that matter, issue a declaration under Section 12 of the Act. 8. Under S....