Appointment of Arbitrators by the Chief Justice of Gujarat High Court, 1996

 
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In exercise of the powers conferred on the Chief Justice of the High Court of Gujarat under sub-section (10) of Section 11 of the Arbitration and Conciliation Ordinance, 1996, I hereby make the following Scheme:

1. Short title-This Scheme may be called the Scheme for Appointment of Arbitrators by the Chief Justice of Gujarat High Court, 19961

2. Submission of request-The request under sub-section (4) or sub-section (5) or sub-section (6) of Section 11 shall be made in writing and shall be accompanied by:

(a) the original arbitration agreement or a duly certified copy thereof;

(b) the names and addresses of the parties to the arbitration agreement;

(c) the names and addresses of the arbitrators, if any, already appointed;

(d) the name and address of the person or institution, if any, to whom or which any function has been entrusted by the parties to the arbitration agreement under the appointment procedure agreed upon by them;

(e) the qualifications required, if any, of the arbitrators by the agreement of the parties;

(f) a brief written statement describing the general nature of the dispute and the points at issue;

(g) the relief or remedy sought; and

(h) an affidavit, supported, by the relevant documents, to the effect that the condition specified under sub-section (4) or sub-section (5) or sub-section (6) of section 11, as the case may be have been satisfied before making the request to Civil Judge (Senior Division), District Judge or Chief Justice or the Judge of the High Court nominated by the Chief Justice, as the case may be

3. Authority to deal with the request-For the purpose of dealing with the request made under paragraph 2, the Chief Justice hereby designates:

(a) Civil Judge (Senior Division), where the value of subject-matter does not exceed Rs 5 lacs;

(b) District Judge, where the value of the subject-matter does not exceed Rs 10 lacks; or

(c) Chief Justice or the Judge of the High Court nominated by the Chief Justice, where the value of the subject-matter exceeds Rs10 lacs

4. Forwarding of request to designated person or institution-Where the Chief Justice designates any person or institution other than the person or institution specified in paragraph 3 of the Scheme, he shall have the request along with the documents mentioned in paragraph 2 forwarded forthwith to such person or institution and also have a notice sent to the parties to the arbitration agreement

5. Seeking further information-The Chief Justice or the person...

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