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Head Note

The Arbitration and Conciliation Act, 1996  - Section 11

Appointment of Arbitrator - Dispute sought to be referred whether live dispute - Applicant on behalf of firm entering into agreement with company 'V' to purchase 76% equity shares - Agreement containing arbitration clause - Dispute arising between parties on company 'V' terminating association of applicant with company And his right to be Director of Company - Claim raised by applicant refuted by company 'V' on ground that on allotment of equity in favour of associate of applicant agreement has worked itself out - Claim raised by applicant cannot be said to be dead without leading evidence - Dispute falls within ambit of arbitration clause - Referred to Arbitrator.

The Arbitration and Conciliation Act, 1996  - Section 11

Appointment of Arbitrator - Functions to be performed by Chief Justice or his designate - He has to decide issues regarding (i) territorial jurisdiction, (ii) existence of an Arbitration Agreement and (iii) whether claim made by applicant was a dead one.

Topic(s)-Appointment of Arbitrator