Arbitration

Querist : Anonymous (Querist) 01 May 2010 This query is : Resolved
A dispute relating to the constructions at the particular project has been referred to the arbitration.
Now subsequently new issue relating to the same project has come up.
My querry is can it be referred to the same arbitration panel or a new arbitration panel has to be constituted for this purpose.
Regards,

Add : Name of the Arbitrator is not there in the agreement but the Arbitration proceedings is already on. the pleadings are complete. Now can we raise other issue relating to the same project before the arbitrator

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Devajyoti Barman (Expert) 01 May 2010
If the name of the arbitrator is already there in the agreement then there is no requirement for appointment of another arbitrator.

R.R. KRISHNAA (Expert) 01 May 2010
The new issue can also be dealt by the same arbitrator.

Heaven 2011 (Expert) 03 May 2010
Dear Sir/Madam,

In my opinion a dispute regarding the construction of particular project are already there to the arbitration then it is not necessary to opt for a sepertate arbitration panel. Further it is not necessary thet the name of the arbitrator or the procedural detail should be in the agreement. Section 11 of the Arbitration & conciliation Act 1996 provides that parties are free to agree on a procedure for appointing the arbitrators. If the appointed arbitrators fails any how then the matter automatically go to the Chief Justice of India.
Regards,

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