THE ARBITRATION AND CONCILIATION ACT, 1996

English — official source version

20250306655777892.pdf.txt

1No. 70, March 14, 2008 

The Appointment of Arbitrators in the State of Uttarakhand Scheme, 2008 

1 Short title—(1) This may be called “The Appointment of Arbitrators in the State of 

Uttarakhand Scheme, 2008”. 

(2) It shall come into effect from the date of its publication in the official 

Gazette. 

2. Submission of request—The request to the Chief Justice under Sub-section (4), 

Sub-section (5) or Sub-section (6) of Section 11 of the Arbitration and Conciliation 

Act, 1996 (Act in short) shall be made in writing and should be accompanied by the 

original arbitration agreement or a duly certified/ attested copy thereof. Every such 

request shall be supported by an affidavit on behalf of the petitioner. The request shall 

contain the following particulars:-- 

a) The name and addresses of the parties; 

b) A brief statement of the case describing its general nature as well as the extent 

of disputes between the parties, the issues involved for adjudication and the  

approximate value of the subject matter of the petition (in other words, the 

approximate value of the subject matter of the dispute in the petition) including, 

in broad terms, the date(s) when the cause of action accrued to file the petition; 

c) All the material facts and particulars requisite for obtaining relief(s) under Sub-

section (4), Sub section (5) or Sub section (6) of section (11) of the Act;  

d) Relief or remedy sought.  

3. Documents to be filled with the request—The request shall be 

accompanied/supported by all relevant documents, or copies thereof, to the effect that 

the conditions, if any or if applicable, to be satisfied under Sub-section (4), Sub 

section (5) or Sub section (6) of section (11) of the Act, as the case may be, before, 

making the request to the Chief Justice, have been satisfied. 

4. Authority to deal with the request—Upon receipt of the  request, the Chief Justice 

may either deal with the matter himself or entrust the same to any other person or 

institution designated by him for the propose.  

Note— In this scheme, hereafter the expression “Chief Justice”, wherever 

occurring, shall include the person or the Institution designated by him under para 4. 

5. Rejection of request—Where the request made by any party under para 2 is not in 

accordance with the provisions of this Scheme, the Chief Justice may either reject the 

request forthwith or seek further information or clarification from the petitioner or 

permit the petitioner to file a supplementary affidavit.  

6. Notice to affected person—Subject to para 5,  the Chief Justice may direct that a 

notice of the request be given to the opposite parties in the case and such other person 

or persons as the Chief Justice may consider appropriate or necessary. In the notice the 

opposite parties/ other persons shall be asked to show cause as to why the appointment 

of the Arbitrator should not be made, or the measures proposed in the request, be not 

                                                             
1 Published in Uttarakhand Gazette (Ordinary) dated: 29 March,2008 P. 74  Part 1-ka 



taken. Every such notice shall be accompanied by the copies of the request application 

as well as all documents/papers accompanying the application. 

7. Intimation of action taken on request—After the conclusion of the proceedings in 

the request case, the decision taken thereupon, whether with respect to the 

appointment of the Arbitrator or any measure required to be taken, may be 

communicated in writing to either the Arbitrator(s) appointed or to such other person 

or persons who are not parties in the request case and who may, in some manner or the 

other, be considered affected by the decision in the request case.  

8. Request and communications to be sent to the Registry—All request under this 

scheme and communications relating thereto which are addressed to the Chief Justice 

shall be presented in the Registry of this Court, which  shall maintain a separate 

Register of such request and all communications relating thereto. 

9. Interpretation—If any question arises with respect to the interpretation of any part 

of this Scheme, such question shall be referred to the Chief Justice, whose decision 

shall be final.  

 

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