Showing : 291-300 of 889 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 11(6), 15(2)-- Arbitrator - Sole arbitrator recusing himself - Substitute arbitrator is required to be appointed following procedure in the arbitration clause - It was incumbent on the petitioner to give notice and explore the possibility of naming an arbitrator by mutual consent and only on failure thereof..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 15(2)-- Arbitrator - Admittedly there are no institutional rules under which disputes between parties are to be referred to arbitration and therefore, expression "rules" appearing in S.15(2) of Act would have to be understood with reference to provisions for appointment contained in supply contract...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 31(7)-- Words "unless otherwise agreed by parties", categorically specifies that arbitrator is bound by the terms of contract so far as award of interest from the date of cause of action to date of award is concerned...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 34, Indian Contract Act, 1872, Section 10-- Contractual relationship - Sub-contract - Liability of Principal - Contractor gave sub-contract to appellant/sub contractor for performance of work entrusted to him by principal - Dispute arising between contractor and sub-contractor for payments - Contract was only between contractor and..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 31(7)-- Arbitral award - Interest - Where parties specifically agreed under contract that no interest shall be payable, Arbitral Tribunal cannot award interest...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - Dispute and differences have arisen between parties with regard to entitlement of petitioner to receive the amounts of bills - Matter in dispute specially provides for reference of all disputes and differences to arbitration authority under the Act - Petitioner entitled..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - Memorandum of Understanding reached between parties providing for appointment of arbitrator in case of dispute - Termination of MOU - Arbitration agreement continues to remain and consequently parties are entitled to invoke the arbitration clause in MOU - Consensus not..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of arbitrator - Applicability of Act - Terms and conditions in the notice inviting tender, were binding between parties - Parties agreed, that all questions or disputes arising between them, would be settled in accordance with laws of India - Provisions of Arbitration and Conciliation..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of arbitrator - Where two nominated arbitrators by parties failed to appoint presiding arbitrator, Court is obliged to appoint presiding arbitrator...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 8-- Reference to arbitration - Jurisdiction of Civil Court - Once an application in due compliance of S.8 of Act is filed, approach of Civil Court should be to see whether its jurisdiction is ousted and not that whether there is still jurisdiction in Civil Court, as such approach will delay the..........

Showing : 291-300 of 889 Results