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2000 (11) TMI 1146 - SC - Companies LawWhether the preliminary issues raised by the respondent can be decided at this stage or be referred to the Arbitrator? Whether, in the case of an international arbitration agreement, where one of the parties is an Indian national, it is not permissible to appoint an Arbitrator of Indian nationality? Held that:- As the Chief Justice or his nominee is performing an administrative duty and cannot decide the preliminary issues at this stage and it is for the Arbitrator alone to decide the same. Thus I decline deciding these preliminary issues and direct that the matter be straightway referred to an Arbitrator. while nationality of the Arbitration is a matter to be kept in view, it does not follow from section 11(9) that the proposed Arbitrator is necessarily disqualified because he belongs to the nationality of one of the parties. Under section 11(9) it is not mandatory for the Court to appoint an Arbitrator not belonging to the nationality of either of the parties to the dispute.
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