- (1.) This reference has been made by a detailed referral order (2000 (8) SCC 159) : 2000 AIR SCW 3908: 2000 CLC 2147.
(2.) It appears that the Chief Justice or his nominee, acting under S. 11 of the Arbitration and Conciliation Act, 1996, have decided contentious issues arising between the parties to an alleged arbitration agreement and the question that we are called upon to decide is whether such an order deciding issues is a judicial order or an administrative order.
(3.) In the course of the short hearing before us, another question has surfaced, which is : does the Chief Justice or his nominee, acting under S. 11, have the authority to decide any contentious issues between the parties to the alleged arbitration agreement In other words, is the power of the Chief Justice or his nominee under S. 11 restricted to the nomination of an arbitrator in cases falling under sub-sections (4) , (5) and (6) thereof;