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Scheme for Appointment of Arbitrators, 1996

[Issued by the High Court of Delhi dated 2nd. February, 1996]

[No. 16/ Rules]

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.

Continued Page 2

Scheme for Appointment of Arbitrators, 1996

1. Short title

2. Submission of request

3. Authority to deal with the request

4. Seeking further information

5. Rejection of request

6. Notice to affected person

7. Intimation of action taken on request

8. Request and communications to be sent to authorised officer

9. Delivery and receipt of written communications

10. Costs for processing requests

11. Interpretation

12. Power to amend the scheme

APPENDIX I