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certain respects regarding the conduct of the
arbitration proceedings the foreign procedural law and the
competent courts of that country ... India. In respect of the actual
conduct of arbitration, the procedural law of England may be
applicable to the extent
Supreme Court of India
Court wrongly relegated the
appellant-contractor to the procedure of arbitration under the
contracts. That the respondent-authorities, in this ... respondent-authorities for submitting that the procedure of
arbitration and appointment of arbitrators and umpire as laid down
Supreme Court of India
Whether the laws of India govern procedural
matters in the Arbitration. If not, what is the applicable procedural
law.Issue ... they had also agreed that the law
governing the arbitration procedure would also be the Indian
Arbitration Act. In fact
Delhi High Court
same was contrary to law governing the arbitration procedure and
accordingly the award is entirely invalid.
(5) The award ... true that as regards the procedure to be applicable for
arbitration held in London or England, the law of arbitration
Bombay High Court
domicile or its habitual residence in Switzerland.
The procedure of this arbitration shall be governed ... award may be made and under whichever law/procedure of
arbitration, the award is capable of being challenged
Bombay High Court
arbitral procedure which is fair, efficient and
capable of meeting the needs of specific arbitration. While reducing
the court intervention ... failed to follow the procedure contemplated under
the agreement or acted in contravention of the arbitration clause.
Lastly, the appellant
Delhi High Court
exclusion of the Part I of the (Indian) Arbitration & Conciliation Act, 1996 and the jurisdiction of this ... Tribunal may apply for such relief pursuant to the procedures set forth in Schedule 1."
It is therefore
Madras High Court
reach a consensus thereon. But
when once the arbitration procedure or arbitration agreement provides
for the procedure for appointing arbitrator ... documents
cannot lead to a conclusion that pre-arbitration procedure and
mechanism was complied with by applicant. Indeed
Andhra High Court
civil law, and in Continental Codes
of Civil Procedure}
Arbitration, called "compromise (compromissum)", was a mode of
terminating controversies much ... held under the
auspices of organisations that have procedures for arbitration as an explicit
part of their trading rules, bylaws
Law Commission Report
steps in accordance with the agreed
appointment procedure contained in the arbitration agreement and the
directions of the civil court ... benefit of arbitration under the arbitration clause, but
ignore the appointment procedure relating to the named Arbitrator
contained
Supreme Court of India
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