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Head Note

The Arbitration and Conciliation Act, 1996  - Section 11 (6) , Section 16

Appointment of Arbitrator - Application for - Sale and purchase of the Helicopter and delivery thereof in terms of the aforesaid MOU dated 17th July, 2013 has not materialized till date - Whether the petitioner is entitled to performance of the terms of the said MOU dated 17th July, 2013 is the precise dispute between the parties - In terms of the arbitration clause contained in the said MOU dated 17th July, 2013, the dispute is liable to be referred to arbitration by appointment of an arbitrator under Section 11(6) of the Arbitration Act - Plea that clause 12 and clause 19 of the MOU dated 4th July, 2013 had been materially altered by changing the period of payment from one month to three months; and further that the power of attorney was forged by the respondent No.2 - Held that these are questions that cannot be gone into by the court in exercise of jurisdiction under Section 11(6) of the Arbitration Act - These are matters which can be raised before the learned Arbitrator and answered by the said authority in terms of Section 16 of the Act, 1996 - Former Chief Justice of Punjab and Haryana High Court appointed as an Arbitrator.

Topic(s)-Arbitration - Appointment of Arbitrator