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2006 (3) TMI 690 - SUPREME COURTApplication under Section 11(6)r.w.s.11(12) of the Arbitration and Conciliation Act, 1996 read with Paragraph 2 of the Appointment of Arbitrators by the Chief Justice of India Scheme, 1996 for appointment of a third/Presiding Arbitrator in accordance with an agreement dated 23.5.2001 between the parties Held that:- The Arbitration Agreement clearly envisages the appointment of Presiding Arbitrator by the IRC. There is no qualification that the arbitrator has to be a different person depending on the nature of the dispute. If the parties have entered into such an agreement with open eyes, it is not open to ignore it and invoke exercise of powers in Section 11(6). On all overall assessment, I am satisfied that the appointment of the Presiding Officer by the IRC is perfectly valid and justified, as no occasion had arisen for the petitioner to move the Chief Justice of India under Section 11(6) of the Act. Appeal dismissed.
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