Showing : 271-280 of 889 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996- - Arbitration agreement - Agreement between parties that contract will be governed by prevailing law of India and in the case of arbitration, English Law would apply - It is clear that law applicable to arbitration agreement is English Law and once it is found that law governing arbitration..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 9-- Interim relief - Interest - Respondent received payment from appellant by way of interim direction on furnishing a bank guarantee - Entitlement of respondent to said payment stood negated thereafter - Respondent is liable to pay back the amount with 12% interest from the date of withdrawal till..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 7(2)-- Arbitration - Clause in work order that in case of any dispute the matter shall be referred to Chief Executive Officer, whose decision on the matter shall be final" - Held, this is not an arbitration clause - Request of appellant allowed that in view of long pendency of dispute appellant may be..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 11(5)-- Appointment of arbitrator - S.11(5) of Act cannot be invoked unless one party to arbitration agreement makes a request to the other party to appoint an arbitrator and that party fails to do so within 30 days - Instantly, no such request was ever made by respondent to appellant as such it was not..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 34, 37-- Appeal - Determination of price by Arbitral tribunal - Since price quoted by suppliers was more than price at which the same products/tools were supplied by same supplier in State, determination of lesser price by arbitral tribunal than the price agreed upon contract cannot be faulted - As..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 34, 37-- Arbitral award - Setting aside - Appeal - Determination of price by Arbitral tribunal is a question of fact - Court or even Appellate Court would not look into the finding of facts unless they are perverse - Neither Civil Court in proceedings filed before it u/s 34 of Act nor High Court in..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 15(2)-- Substitute arbitrator - Procedure agreed upon by parties for the appointment of original arbitrator is equally applicable to appointment of a substitute arbitrator, even if agreement does not specifically say so, as this is mandate of S.15(2) of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 15(2)-- Substitute arbitrator - Where mandate of an arbitrator terminates, a substitute arbitrator `shall' be appointed subject to terms of arbitration agreement - Unless it is clear that an arbitration agreement excludes either expressly or by necessary implication the substitution of an arbitrator,..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 15(2)-- Substitute arbitrator - There is nothing in clause 8 of consent terms that resignation of retired Supreme Court Judge would lead to her vacancy not being supplied - Said clause not indicates that confidence of parties was in only the named arbitrator and in nobody else - Appointment of substitute..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 15(2)-- Substitute arbitrator - High Court disposed of suit between parties by recording settlement in consent terms and referred the remaining disputes to arbitration - High Court applied its mind to consent terms as a whole and appointed retired Supreme Court judge as arbitrator for the dispute which..........

Showing : 271-280 of 889 Results