Showing : 301-310 of 889 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 34, 42, Civil Procedure Code, 1908, Section 20-- Arbitration award - Setting aside - Arbitration award of a Court within jurisdiction of one High Court cannot be challenged in a Court within jurisdiction of another High Court - Exercise of jurisdiction by such Court shall be against provision of S.42 of 1996 Act...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - Before exercising power u/s 11(6) of the Act, Court has to decide existence of an arbitrable dispute/enforceable claim by and between parties to contract - Existence of claim and denial thereof giving rise to a dispute is required to be determined on the basis of what..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - Arbitrable dispute - Extended stay compensation - Contractor was required to mention the rate of extended stay compensation which was mentioned as "NIL" in the bid - Thus petitioner had agreed to fore go its claim to extended stay compensation in the event the period of..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - Payment of additional works - The same was to be decided by Engineer-i, chief whose decision was final and binding - Finality attached to such a decision cannot be an unilateral act beyond the pale of further scrutiny - Justifiability of such a decision though stated to..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34(2)(b)(ii)-- Arbitral award - Conflict with public policy of India - Where question arises out of a conflict between an action under a State Law and an action under a Central Law, the term public policy of India must necessarily be understood as being referable to policy of Union...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34, 16-- Arbitration award - Setting aside - Objection as to jurisdiction - Not permissible to be raised after filing of written statement - There is prohibition on a party from raising a plea that Tribunal does not have jurisdiction after the party has submitted its statements of defence...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of arbitrator - Insurance policy - When payment is accepted in full and final settlement of claim and letter of subrogation and discharge is signed, bald plea of duress, coercion and undue influence cannot be taken by invoking S.11 of Act as no arbitrable dispute existed between..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Arbitral tribunal must decide in accordance with the terms of contract but if an arbitrator construes a term of contract in reasonable manner, it will not mean that award can be set aside on this ground...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Division Bench committed error by setting aside arbitral award by taking into facts which were neither pleaded nor proved before Arbitrator - It is not possible for a Bench hearing an objection against arbitral award to do `rough and ready justice' - Award read as..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 31(7)(a)(b)-- Award - S.31(7)(a) of Act provides that Award for payment of money may be inclusive of interest and "sum" of principle amount plus interest may be directed to be paid by Arbitral Tribunal for pre-award period - Vide S.31(7)(b) of Act sum so directed to be made by Award shall carry interest at..........

Showing : 301-310 of 889 Results