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[Issued by the High Court of Delhi dated 2nd. February, 1996] [No. 16/ Rules]
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In
exercise of the power conferred by sub-section (10) of section
11 of the Arbitration and Conciliation Act, 1996 (hereinafter
referred to as 'Act'), the Chief Justice of the High Court of
Delhi, hereby makes the following Scheme : - 1. Short
title This scheme may be called the scheme for
appointment of Arbitrators, 1996. 2. Submission of
request (i) The request under sub-section (4) or
sub-section (5) or sub-section (6) of section 11 of the Act
shall be made in writing in the form prescribed in the
Appendix I and shall be accompanied by- (a) The original
arbitration agreement or a true copy thereof; (b) An
affidavit supported by the relevant documents or true copies
thereof the effect that the condition to be specified under
sub-section (4) or sub-section (5) or sub-section (6) of
section 11 of the Act, as the case may be, before making the
request to the person designated by the Chief Justice, has
been satisfied. (ii) The request referred to in sub-para
2(i) of this para shall be accompanied by as many copies of
the request together with items (a) and (b) of sub-para 2(i),
as the number of parties to the arbitration agreement or such
number which the person designated in para 3 of the scheme may
direct. (iii) In case the person making the request does
not have the arbitration agreement or a copy thereof, he shall
file an affidavit giving relevant facts in that behalf and
request them the opposite party may be directed to produce the
original or a copy thereof. 3. Authority to deal with
the request (i) For the purpose of dealing with the
request made under para 2, the Chief Justice hereby
designates: (a) The Civil Judge where the value of the
subject matter does not exceed Rs. 1 lakh, (b) The District
Judge / Addl. District Judge where the value of the subject
matter does not exceed Rs. 5 lakhs, and (c) The Judge of
the High Court exercising ordinary original civil
jurisdiction, where the value of the subject matter exceeds
Rs. 5 lakhs. (ii) The requests falling under sub-para (a)
of para 3 shall initially be placed before Senior Civil Judge
for appropriate allotment; Note: In exercise of the powers
conferred by s. 11(10) of the Act, the Chief Justice of Delhi
High Court made this Scheme by virtue of sub-ss. (4), (5) or
(6) thereof. the requests falling under sub-para (b) of para 3
shall initially be placed before the District Judge for
appropriate allotment; and the request made under sub-para (c)
of para 3 shall initially be placed before the Judge-in-charge
on the Original Side of the High Court for appropriate
allotment.
4. Seeking further information (i) The person
designated under para 3 may seek such further information or
clarification or documents from the party making the request
under this scheme, as he may deem fit. (ii) The party
making the request shall file as many copies of the written
information or clarification or copies of documents as may be
required to be filed by the person designated in para 3 of
this scheme. 5. Rejection of request Where the
request made by any party under paragraph 2 is not in
accordance with the provisions of this scheme, the person
designated in para 3 may reject the same. 6. Notice to
affected person Subject to the provisions of paragraph
5, the person designated in para 3 shall direct that a notice
of the application be given to all the parties to the
arbitration agreement and to such other person or persons as
may seem to him likely to be affected by such request to show
cause within the time specified in the notice, as to why the
appointment of the arbitrator(s) or the measures proposed to
the taken should not be made or taken and such notice shall be
accompanied by copies of all documents referred to in para 2,
as the case may be, by the information or clarification or
copies of documents, if any, sought under paragraph
4. 7. Intimation of action taken on request The
appointment made or measures taken by the persons designated
in para 3 in pursuance of the request under paragraph 2 shall
be communicated in writing to- (a) the parties to the
arbitration agreement; (b) the arbitrators, if any, already
appointed by the parties to the arbitration agreement; (c)
the person or institution, if any, to whom or to which any
function has been entrusted by the parties to the arbitration
agreement under the appointment procedure agreed upon by
them; (d) the arbitrator appointed in pursuance of the
request. 8. Request and communications to be sent to
authorised officer All request under the scheme and
communications relating thereto shall be presented to the
office authorised by the persons designated in para 3 and the
said officer shall maintain a separate register of such
requests and communications. Whenever requests under para 2
are received the authorised officer shall as soon as may be,
place the same before the persons designated in para
3. 9. Delivery and receipt of written
communications The provisions of sub-sections (1) and
(2) of section 3 of the Act shall, so far as may be, apply to
all written communications received or sent under this
scheme. 10. Costs for processing requests The
party making a request under this scheme shall, along with the
request for arbitration pay an amount of Rs. 250 in case the
request is made to the person designated under para 3(a) of
this scheme, Rs. 500 in case the request is made to a person
designated under para 3(b), and Rs. 1,000 in case request is
made to a person designated under para 3(c).
11. Interpretation (i) If any question
arise with reference to the interpretation of any of the
provisions of this scheme before a person designated under
para 3(c) of this scheme, it shall be decided by that
person. (ii) In case the question arises before the person
designated in paras 2(a) and (b) of this scheme, the said
person shall formulate the question and refer the same for
decision of the Chief Justice or a Judge of the High Court of
Delhi designated by the Chief Justice. (iii) The decision
by the person to whom the question is referred to as stated in
para 1(i) or (ii) shall be final. 12. Power to amend the
scheme The Chief Justice may, from time to time amend, by
way of addition or variation or deletion, any provision of
this scheme. NEW DELHI DATE : 29-1-1996 Sd/- (M.
JAGANNADHA RAO) CHIEF JUSTICE
APPENDIX I BEFORE ___________________________
ARBITRATION APPLICATION NO _________________ OF 1996 1. Provision under which the
application is filed. 2. Name(s) of the applicant(s) with
complete address(es). 3. Name(s) of the other parties to
the arbitration agreement with complete addresses. 4. Names
and addresses of the arbitrators, if any, already appointed by
parties. 5. Name and address of the person or institution,
if any, to whom any function has been entrusted by the parties
to the arbitration agreement under the appointment procedure
agreed upon by them. 6. Qualification requirements, if any,
of the arbitrator by the agreement of the parties. 7. A
brief written statement describing the general nature of the
disputes and the points at issue. 8. Valuation of the
subject matter. 9. Relief or the remedy sought. DATE:
Signature of the applicant/advocate, if
any PLACE:
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