Scheme for Appointment of Arbitrators by the Chief Justice of the High Court of Jammu and Kashmir, 2002

 
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In exercise of the powers conferred on the Chief Justice of the High Court of Jammu and Kashmir under sub-section (9) of Section 11 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997, and in supersession of the scheme issued vide Notification No 3, dated 6-4-1999, 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 the High Court of Jammu and Kashmir, 2002

2. Submission of request-The request to the Chief Justice under sub-section (4) or sub-section (5) or sub-section (6) of Section 11 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(s) and address(es) of the person(s) 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

3. Authority to deal with the request-Upon receipt of the request under para 2, the Chief Justice may either deal with the matter entrusted to any other person or institution for that purpose where the value of the subject-matter exceeds Rs 10 lakh and the Chief Justice hereby designates the Principal District Judge of a District within whose territorial jurisdiction cause of action arises or as agreed by the parties in the agreement where the value of the subject-matter does not exceed Rs 10 Lakh

4. Seeking further information-The Chief Justice or the person or the institution designated by him under para 3 may seek further information or clarification from the party making the request under 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 Chief Justice or the person or the institution designated by him may reject it

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