9911796707
TMI Blog1969 (9) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... ntained the following terms and conditions: (a) In case of any dispute arising out of this contract the matter in dispute shall be referred to the arbitration of the Indian Chamber of Commerce whose decision shall be binding on both the parties. (b) The Court at Calcutta alone and no other court whatsoever shall have jurisdiction to entertain and try suits in respect of any claim or disputes arising out of or under this contract or in any way relating to the same . Certain disputes arose between the parties relating to the supply of goods and the respondent demanded a payment of ₹ 25,658.90 as price of the goods alleged to have been supplied. The appellant maintained that the said goods were not according to the contract and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. The main emphasis before us has been laid by learned counsel for the appellant on R. III of the Rules of Arbitration of the Indian Chamber of Commerce which, according to him, comes into conflict with the provisions of the Act. That Rule provides that the Tribunal shall consist of such persons as may be selected by the Committee of the Chamber from time to time. Sub-Rule ( 3 ) reads: The Committee may, at any time if they think proper so to do, add to the said list the names of other persons qualified as aforesaid. A list of the members of the Tribunal complete for the time: being shall be kept by the Registrar, and shall always be open for inspection by members on application and at the discretion of the Registrar, also by perso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Registrar is discretionary and he is not bound in every case to refuse to disclose the names. At any rate, as soon as proceedings before the arbitrators commence both parties are in a position to know the names and particulars of the arbitrators and if there is any objection on well known grounds to their conducting the arbitration the same can be taken at that stage. Under s. 5 it is not essential that the authority of an appointed arbitrator should be got revoked before the commencement of the arbitration proceedings. Section 11 contemplates a stage subsequent to the arbitrators entering on the reference. We can see no conflict between Rule III (3 ) of the Rules of Arbitration of Chamber of Commerce and ss. 5 and 11 or s. 30 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which has been impugned. For instance Rule V(4) of the Rules of Bengal Chamber of Commerce provides that the names or name of the persons or person constituting the court shall not ordinarily be disclosed to the parties nor shall the parties be entitled to such in,formation as of right. A similar rule is to be found in bye-law 8 of the Bombay Chamber of Commerce and Rule V(5) of Arbitration Rules of Madras Chamber of Commerce. It appears that the aforesaid Rule which has been framed by all these bodies of long standing and experience in the field of business is based on the elimination of all possibility or chance of a party trying to influence the members of the Arbitration Court before they enter upon or proceed with the reference. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
