What is section 11 of arbitration and Conciliation Act?
What is section 11 of arbitration and Conciliation Act?
11. Power to Court to remove arbitrators or umpire in certain circumstances. (1) The Court may, on the application of any party to a reference, remove an arbitrator or umpire who fails to use all reasonable dispatch in entering on and proceeding with the reference and making an award.
Can an order passed under section 11 of the arbitration and Conciliation Act be appealed?
The “anomalous” question of appeal However, there is no provision that entitles a party to appeal against an order refusing the appointment of an arbitrator under Section 11 of the Act.
Where do I file an appeal against arbitration award?
Where there is an appeal to the High Court against an award on the grounds of want of jurisdiction, under section 67 of the Arbitration Act 1996, section 67(4) states that there can be an appeal to the Court of Appeal against the judge’s decision only if the judge himself gives permission to appeal.
Who is eligible to be appointed as arbitrator?
(1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. (2) Subject to sub-section (6), the parties are free to agree on a procedure for appointing the arbitrator or arbitrators.
Who appoints conciliator?
Conciliator can be appointed by the parties themselves of their own choice with consensus i.e. both should agree upon the appointment of the conciliator. IDRC has a Panel of Conciliators with rich experience in varied fields.
Who can appoint sole arbitrator?
In the absence of any procedure to appoint a sole arbitrator, if the parties fail to agree on the arbitrator within 30 days from receipt on a request by one party from the other party to so agree, the appointment shall be made upon request of a party, by the Chief Justice of the High Court or any person or institution …
Who shall appoint an arbitrator under section 11 of the arbitration and Conciliation Act 1996 in case of an international arbitration?
Section 11 of the Act read with Rule 3 of the Scheme allows the Chief Justice to designate any person or institution for the purpose of appointing an arbitrator.
Can arbitration award be challenged in India?
The Supreme Court has held that an arbitral award can be challenged only if it is perverse or erroneous in law. An award based on an alternative and reasonable interpretation of the law does not make it perverse.
Can an award debtor file an application under section 9 of the Arbitration and Conciliation Act 1996 and get an interim relief from the court?
Is The Remedy Under Section 9 of India’s Arbitration and Conciliation Act, 1996 Available Post-Award to the Losing Party? Section 9 of the Act itself does not bar any party from approaching the court to seek interim measures under any given situation.
How do you appoint an arbitrator?
Approach High Court/ Supreme Court to appoint a sole arbitrator, in case there is any dispute between the parties. c. Provide an option to the other party to choose from the panel of arbitrators which tantamount to the power given to the other party to nominate the arbitrator.
Who can not be an arbitrator?
In order to achieve this, subsection (5) of Section 12 lays down that notwithstanding any prior agreement to the contrary, any person whose relationship with the parties or counsel or the subject matter of the dispute falls under any of the categories specified in the Seventh Schedule, he shall be ineligible to be …
Under what circumstances conciliator can be appointed?
If the parties are unable to appoint all members of the Commission within 90 days of the registration of the request for conciliation, either party may request that the Chairman of the ICSID Administrative Council appoint the conciliator(s) not yet appointed (Article 30 of the ICSID Convention).
