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

 
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In exercise of the powers conferred by sub-section (10) of Section 11 of the Arbitration and Conciliation Ordinance, 1996 (hereinafter referred to as 'Ordinance') the Chief Justice of the High Court of Judicature for Rajasthan, hereby makes the following Scheme:

1. Short title-This Scheme may be called the Scheme for Appointment of Arbitrators by the Chief Justice of Rajasthan High Court, 1996

2. Submission of request-(i) The request under sub-section (4) or sub-section (5) or sub-section (6) of Section 11 of the Ordinance shall be made in writing in the form prescribed in Appendix I and shall be accompanied by:

(a) the original arbitration agreement or a true copy thereof;

(b) an affidavit supported by the relevant documents or true copies thereof to the effect that the condition to be specified under sub-section (4) or sub-section (5) or sub-section (6) of Section 11 of the Ordinance, as the case may be, before making the request to the person designated by the Chief Justice, has been satisfied

(ii) The request referred to in sub-para 2(1) of this para shall be accompanied by as many copies of the request together with items (a) and (b) of sub-para 2(i), as the number of parties to the arbitration agreement or such number which the person designated in para 3 of the Scheme may direct

(iii) In case the person making the request does not have the original arbitration agreement or a copy thereof, he shall file an affidavit giving relevant facts in that behalf and request that the opposite party may be directed to produce the original or a copy thereof

3 Authority to deal with the request-(i) For the purpose of dealing with the request made under para 2, the Chief Justice hereby designates:

(a) the Civil Judge (Senior Division) where the value of the subject matter does not exceed Rs 50,000;

(b) the District Judge/Additional District Judge where the value of the subject matter exceed Rs 50,000; and

(c) the judge of the High Court exercising powers of original and extra-ordinary civil jurisdiction, if any matter inclusive of any case which is withdrawn by High Court for trial or while exercising company Jurisdiction

(ii) The request falling under sub-para (a) of para 3 shall initially be placed before Senior Civil Judge for appropriate allotment; the request falling under sub-para

(b) of para 3 shall initially be placed before the District Judge for appropriate allotment; and the request made under sub-para (c) of para 3 shall initially be placed before the Judge of the High Court exercising such jurisdiction or the Chief Justice for appropriate allotment

4 Seeking further information-(i) The person designated under para 3 may seek such further information or clarification or documents, from the party making the request under this scheme, as he may deem fit

(ii) The party making the request shall file as many copies of the written information or clarification or copies of documents as may be required to be filed by the person designated in para 3 of this Scheme

5. Rejection of request-Where the request made by any party under para 2 is not in accordance with the provisions of this Scheme, the person designated in para 3 may reject the same

6. Notice to affected person-Subject to the provisions of para 5, the person designated in para 3 shall direct that a notice of the application be given to all the parties to the arbitration agreement and to such other person or persons as may seem to him likely to be affected by such request to show cause, within the time specified in the notice, as to why the appointment of the Arbitrator(s) or the measures proposed to be taken should not be made or taken and such notice shall be accompanied by copies of all documents referred to in para 2 or, as the case may be, by the information or clarification, or copies of documents, if any, sought under para 4

7. Intimation of action taken on request-The appointment made or measures taken by the person designated in para 3 in pursuance of the request under para 2 shall be communicated in writing to -

(a) the parties to the arbitration agreement;

(b) the arbitrators, if any, already appointed by the parties to the arbitration agreement;

(c) the person or institution, if any, to whom or to which any function has been entrusted by the parties to the arbitration agreement under the appointment procedure agreed upon by them

(d) the arbitrator appointed in pursuance of the request

8. Requests and communications to be sent to...

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