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Scheme for Appointment of Arbitrators, 1996

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).

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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