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2016 (11) TMI 1740 - DELHI HIGH COURTAppointment of Arbitrator - dispute between the petitioner and respondent no. 2 to the Arbitrator to be appointed by the Delhi International Arbitration Centre and consequent notice issued requiring the petitioner to suggest five names from the DSE panel of Arbitrators for being appointed as an Arbitrator - HELD THAT:- As decided in Steel Authority of India & Anr. Vs. Micro Small Facilitations Council [2010 (8) TMI 1100 - BOMBAY HIGH COURT] procedure for arbitration and conciliation is precisely the procedure under which all arbitration agreements are dealt with. It cannot be said that because Section 18 provides for a forum of arbitration an independent arbitration agreement entered into between the parties will cease to have effect. There is no question of an independent arbitration agreement ceasing to have any effect because the overriding clause only overrides things inconsistent therewith and there is no inconsistency between an arbitration conducted by the Council under Section 18 and arbitration conducted under an individual clause since both are governed by the provision of the Arbitration Act, 1996. Issue notice. Notice is accepted by learned counsel appearing for respondent no. 1. Notice shall issue to respondent no. 2, returnable on 31.03.2017. Till the next date of hearing, the operation of the order dated 16.06.2016 and the notice dated 07.10.2016 shall remain stayed.
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