AIROnline 2022 SC 802 – Legal Firms

(A) Arbitration and Conciliation Act (26 of 1996) , S.11(6)— Appointment of arbitrator – By Court – Share subscription and shareholders agreement entered into between parties contained arbitration clause, in case of dispute between parties – High Court ought to have allowed application seeking appointment of arbitrator – Former Judge of Madras High appointed as Arbitrator to resolve dispute between parties.
AIROnline 2021 Mad 1269, Reversed(Paras55.26)

(Para 5
5.2
6)

(B) Arbitration and Conciliation Act (26 of 1996) , S.11(6)— Appointment of arbitrator – By Court – Denial on ground that at time of filing application, arbitral proceedings already pending between parties – According to appellant they were not a party to pending proceedings and Agreement in question was independent agreement -Unless it is found that dispute is not arbitrable and it requires further/deeper consideration, dispute with respect to arbitrability should be left to arbitrator – Former Judge of Madras High Court appointed as Arbitrator to resolve dispute between parties.
AIROnline 2020 SC 929, Followed(Para5.3)

(Para 5.3)

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