Appointment of Arbitrators by the Chief Justice of Calcutta High Court, 1996.
In exercise of the powers conferred by sub-section (10) of Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) the Chief Justice of the High Court at Calcutta do hereby frame the following schemes:
1. Short title-This Scheme may be called the Scheme for Appointment of Arbitrators by the Chief Justice of Calcutta High Court, 1996
2. Commencement-The scheme shall come into effect on and from the date as may be appointed by the Chief Justice
3. Submission of request-The request to the Chief Justice under sub-section (4) or sub-section (5) or sub-section (6) of Section 11 of the Act 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 to be satisfied under sub-section (4) or sub-section (5) or sub-section (6) of Section 11; as the case may be, before making the request to the Chief Justice has been satisfied
4. Authority to deal with the request-For the purposes of dealing with the request made under para 2 of this Scheme, the Chief Justice may constitute a panel of arbitrators including any institution to arbitrate the disputes as may be referred to arbitration in terms of the request under para 3 thereof
5. Forwarding of request to designated persons or institution-Where the Chief Justice of the High Court at Calcutta designates any person or institution under para 4 thereof, the Chief Justice shall have the request along with documents mentioned in para 3 of this Scheme forwarded to such person or institution and also have a notice sent to the parties to the arbitration agreement
6 Seeking further information-The Chief Justice of the High Court at Calcutta or the person or the institution designated by him under para 4 hereof may seek further clarification or...
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