TMI Blog2015 (1) TMI 1493X X X X Extracts X X X X X X X X Extracts X X X X ..... plates to such reference only on the failure of the Council to resolve the dispute by itself under clause (2) - HELD THAT:- It is seen through the order and when the Director makes a reference on behalf of the Council to an Arbitrator. It must be taken that it was not possible to conciliate and resolve the dispute itself and therefore, the reference was made. It would make no difference that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ethod of appointment of an arbitrator and cannot exclude the application of the provisions of this Act. This is so in view of the non obstante clause that is set forth under Section 18 which begins with these expressions notwithstanding anything contained in any other law for the time being in force . A contract that provides for appointment of an arbitrator must be seen as a contract as recogniz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the matter would be decided either by the Council itself or may make a reference to an institution or centre for conducting conciliation and the provisions of Sections 65 to 81 of the Arbitration and Conciliation Act would apply. Clause (3) contemplates a situation of where the conciliation is not successful and stands terminated, the Council may itself take up the dispute for arbitration and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a direct reference to the arbitrator itself. There can be really no prejudice at all for the petitioner, for, there is no issue of bias. The provisions of Arbitration Act are sufficient to make possible for any party who is not satisfied with the Arbitrator to take such an issue before him and invite a decision thereon which is still capable of being assailed in higher forums in the manner contem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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