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Results of arbitration and conciliation

Showing : 631-640 of 902 Results

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Arbitration Act, 1940, Section 29, Arbitration and Conciliation Act, 1996, Section 31(7), Civil Procedure Code, 1908, Section 34 -- Arbitration award - Interest on delayed payment - Arbitrator has the competence, jurisdiction and power to award interest for the period from the date of award to date of payment as also for pre-reference, pendente lite and post award -..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Survives even when contract comes to an end by its termination due to breach - Arbitration agreement does not get perished nor rendered inoperative - Rather it survives for resolution of disputes arising 'in respect of' or 'with regard to' or 'under' the contract...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Arbitration and Conciliation Act, 1996, Section 8 -- Arbitrator - Appointment - For applicability of S.8 the conditions to be fulfilled are : (a) that there exists an arbitration agreement; (b) that action has been brought to the court by one party to the arbitration agreement against the other party; (c) that the subject matter of the suit is same as the subject matter of..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Arbitration and Conciliation Act, 1996, Section 8 -- Arbitrator - Appointment - Once the pre-requisite conditions for the applicability of S.8 of the Act are satisfied then Court is left with no option except to appoint the arbitrator...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Arbitration and Conciliation Act, 1996, Section 31(3), 34(4) -- Arbitration award - Reasons in support of award not stated - High Court set aside unreasoned award and itself decided the matter - Order of High Court set aside - High Court ought to have given the arbitral tribunal an opportunity to give reasons - Matter remitted to arbitral tribunal to give reasons for its..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Arbitration and Conciliation Act, 1996, Section 31(3) -- Arbitration award - Reasons in support thereof - Not an empty formality - It guarantees fair and legitimate consideration of the controversy by the arbitral tribunal - However, detailed and elaborate reasons in support of its finding need not be given - Mere noticing the submissions of the parties or reference to..........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Arbitration and Conciliation Act, 1996, Section 32(2), Civil Procedure Code, 1908, Section 89 -- Civil suit - Reference of matter to arbitrator by way of agreement - Held, once dispute between parties has been taken before said forum sole arbitrator, the proceedings would be governed by provisions of the Act of 1996 by virtue of S.89 of the CPC - It necessarily follows..........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Arbitration and Conciliation Act, 1996, Section 38 -- Arbitration fee - Non-payment - Termination of proceedings - Procedure to be followed - Held, arbitral tribunal in first place may call upon the party who has filed counter claim to pay the amount so specified - On failure of the party arbitral tribunal is free to call upon other party to pay specified amount and..........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Arbitration and Conciliation Act, 1996, Section 34, 37, 38 -- Arbitration proceedings - Counter claim - Arbitration fee - Advance payment of - Challenge to direction issued by arbitral tribunal calling upon appellant to deposit arbitration fees in advance in relation to counter claim direction issued by sole arbitrator which is ascribable to order u/s 38 of the Act of 1996..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Arbitration Act, 1940, Section 30, Arbitration and Conciliation Act, 1996, Section 5, 34 -- Arbitration award - Judicial intervention - Award given by arbitrator, a speaking award - Findings of fact supported by detailed reasons - Arbitrator did not commit any jurisdictional error while giving award - Held, reasonableness of reasons given by arbitrator is not open to..........

Showing : 631-640 of 902 Results