Showing : 311-320 of 889 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Public policy of India - None of the grounds contained in S.34(2)(a) of Arbitration Act deal with merits of decision rendered by arbitral award - It is only when award is in conflict with public policy of India then merits of an arbitral award are to be looked into..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Public policy of India - Award against justice and morality - Interference on these grounds warranted only if something shocks the Court's conscience - Expression `justice' cannot possibly include what Court thinks is unjust on facts of case for which it then seeks..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34, 11(6)-- Arbitration award - Setting aside - As per arbitration clause only a Gazetted Railway Officer could have been appointed as an arbitrator - Appointment of former Judge of High Court, with consent of parties - Held, once consent for appointment of a former Judge of High Court is given it can be..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34, 11(6)-- Arbitration award - Setting aside - As per arbitration clause only a Gazetted Railway Officer could have been appointed as an arbitrator - Appointment of former Judge of High Court with consent of parties - Held, once consent is given then validity of award cannot be challenged on the ground that..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 11, 14, 15, 32-- Appointment of sole arbitrator - Challenge to mandate of Arbitrator Tribunal - Arbitral Tribunal failed to perform its function - No justification reasons which shows the inability of the members of Tribunal to proceed in the matter as matter lingered on for almost 4 years - Members did not mend..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of arbitrator - Government contract - In case of contracts between Government corporations/state owned companies with private parties, terms of agreement are usually drawn by Government - However, it casts an onerous and responsible duty upon persona designate to appoint such..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 7(3)-- Arbitration agreement - Must be in writing - Unless there is specific written contract, a contract with regard to arbitration cannot be presumed...........

Showing : 311-320 of 889 Results