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Results of arbitration and conciliation

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Showing : 271-280 of 1156 Results

ORISSA HIGH COURT

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 11 -- Second arbitration - Arising out of the same contract work and between the same parties - Not permissible - As basic fundamental of the rule of law is that there cannot be two litigations for the same contract...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 48 -- Foreign awards - Scheme of S.48 of the Act does not envisage piecemeal consideration of issue of maintainability of execution case concerning foreign awards in the first place and then issue of enforceability thereof - Whereas, keeping in mind the legislative intent of speedy disposal of arbitration proceedings and..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Family Courts Act, 1984, Rule 8(viii), Arbitration and Conciliation Act, 1996, Section 75, 81 -- Mediation - Report of Counsellor - Confidentiality - Custody of child - Principle of confidentiality will not apply in matters concerning custody and guardianship issues and Court, in best interest of child must be equipped with all material touching upon relevant issues in..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Family Courts Act, 1984, Rule 8(viii), Arbitration and Conciliation Act, 1996, Section 75, 81 -- Mediation - Statement made in mediation proceedings - Confidentiality - Custody and guardianship issues - Statements made by parents during course of mediation may not be relied upon on the ground of confidentiality - But natural responses and statements made by minor to..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Arbitration clause in separate document - Principle of incorporation by reference of an arbitration clause from another document or contract is provided in statute itself u/s 7(5) of the Act, as arbitration agreement need not necessarily be in the form of a clause in substantive contract itself..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 7(5), 11 -- Arbitration agreement - Appointment of arbitrator - Coal distribution through e-Auction - Application for appointment of arbitrator dismissed on the ground that disputes relate to different transactions under 2007 Scheme - Individual sale orders emanate out of 2007 Scheme - Arbitration clause in 2007 Scheme would..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 31(7)(a) -- Interest on delayed payment - Contract governing parties bars payment of interest - Arbitral Tribunal has no jurisdiction to award interest on delayed payment...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 11, 15 -- Appointment of sole arbitrator - Parties consciously agreed that disputes or differences shall be referred to Managing Director himself or his nominee for sole arbitrator - Respondent participated in arbitral proceedings before arbitrator for quite some time and thereafter he cannot turn around and seek appointment..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 12(5) -- Appointment of Managing Director as Arbitrator - Challenge as to - Agreement between parties was entered into in 2000 and arbitration proceedings commenced way back in 2009 - Provisions of amendment Act of 2015 thus, not applicable to arbitral proceedings, which prohibits employee of one of parties from being an..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 11, 15 -- Substituted arbitrator - Mere neglect of an arbitrator to act or delay in passing award by itself cannot be ground to appoint another arbitrator in deviation from terms agreed to by parties - High Court was thus, not right in appointing independent arbitrator without keeping in view terms of agreement between..........

Showing : 271-280 of 1156 Results