AIR 2008 ORISSA 80 ::2008 (2) AJHAR (NOC) 576 (ORI) ::2008 AIHC NOC 705 ::(2008) 3 ArbiLR 136 ::(2008) 105 Cut LT 636

Orissa High Court

Hon'ble Judge(s): A. K. Ganguly , C.J. AND Indrajit Mahanty , J

(A) Arbitration and Conciliation Act (26 of 1996) , S.11— Appointment of arbitrator - Nature of power exercised by CJ or his designate u/S.11 - Is judicial - Question is raised about existence of arbitration clause at stage of S.11 - Chief Justice or his designate has to decide whether an arbitration Clause actually exists in agreement between parties. (Para 7) (B) Arbitration and Conciliation Act (26 of 1996) , S.11, S.7— Interpretation of arbitration clause for appointment of arbitrator - Expression 'arbitration agreement' is not required to be specifically mentioned in arbitration clause - Definition of 'arbitration agreement' has been deliberately given in wide terms - Arbitration agreement can be in one document or it can be gathered from several documents - It can also be gathered from correspondence consisting of number of letters, fax messages, telegrams or even telex messages - Clause in agreement which talks of resolution/decision of dispute, only, can be held to an 'arbitration clause'. (2001) 92 Cut LT 136, Overruled.AIR 1966 Punj 436 (FB), AIR 1981 SC 479, AIR 2003 SC 3688, Rel. on.AIR 1997 Ker 126, Disting. (Para 11 12 18 28 29) ....