Appointment of Arbitrators by the Chief Justice of Sikkim High Court Scheme, 1997

 
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In exercise of powers conferred by Sub-section (10) of Section 11 of the Arbitration and Conciliation Act 1996, (hereinafter referred to as Act) the Chief Justice of the High Court of Sikkim hereby makes the following Scheme:

1. Short title-This Scheme may be called the Appointment of Arbitrators by the Chief Justice of Sikkim High Court Scheme, 1997

2. The Scheme shall come into effect on and from the date on which it is published in the Official Gazette

3. Under the Scheme, the Chief Justice will include the Acting Chief Justice

4. Submission of request-(i) Any request under sub-section (4) or sub-section (5) or sub-section (6) of Section 11 of the Act shall be made in writing, in the form prescribed in Appendix-I to the authorities designated by the Chief Justice and shall be accompanied by:

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

(b) an affidavit supported by relevant documents to the effect that conditions or requirements under sub-section (4) or sub-section (5) or sub-section (6) of Section 11, as the case may be, before making the request have been satisfied

(ii) The request referred to in sub-para 4 (i) of this para shall be accompanied by as many copies of the request as the number of parties to the arbitration agreement, or such number which the authority as designated in para 5 may direct

(iii) In the event of a request by a person not having the possession of original arbitration agreement or a copy thereof, he shall make an affidavit to this effect giving the relevant facts in that behalf and request that the opposite party may be directed to produce the original or a copy thereof

5 Authority to deal with the request-(i) For the purpose of disposing of the request on receipt of the same as provided under para 4, the Chief Justice hereby designates:

(a) the District Judge where the value of the subject matter does not exceed Rs 5 lakh; and

(b) a Judge of the High Court where the value of the subject matter exceed Rs 5 lakh

(ii) The request falling under sub-para (a) of para 5(i) shall be placed before the District Judge having territorial jurisdiction over the parties to the arbitration and the requests under sub-para (b) of para 5(i) shall initially be placed before the Chief Justice for appropriate allotment

6. Seeking further information-The Chief Justice or the person or the institution designated by him under para 5 may seek further information or clarification from the party making the...

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