Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Clause in agreement that there will be no arbitration in case insurance company disputes or does not accept the liability under or in respect of policy - To put it differently, an arbitration clause would enliven or invigorate only if insurer admits or accepts its liability under or in..........
Arbitration and Conciliation Act, 1996, Section 34(2)(a) -- Arbitral award - Setting aside - Proof - Ordinarily anything beyond Arbitration record not required - However, matter not contained in such record may be brought to notice of Court by way of affidavits - Cross examination of persons swearing to the affidavits should not be allowed unless absolutely necessary...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Territorial jurisdiction - Courts in Mumbai having exclusive jurisdiction as per agreement between parties - It is thus, Mumbai Courts alone before which S.34 application can be filed - Arbitration that was conducted at Delhi was only at a convenient venue and that does not confer jurisdiction to Courts..........
Arbitration and Conciliation Act, 1996, Section 34(5)(As -- Arbitration award - Setting aside - Provision of S.34(5) is procedural, the infraction of which leads to no consequence - However, it shall be the endeavour of every Court in which a S.34 application is filed, to stick to the time limit of one year from the date of service of notice to the opposite party by the..........
Arbitration and Conciliation Act, 1996, Section 37(2)(b), 17 -- Appeal - Interim order - Tender process - Auction bid - Tribunal vide its interim order granted right of first refusal (ROFR) by matching lowest bid to respondent - However, exercise of said right would come into play only if respondent participated in tender process pursuant to notice inviting tenders from..........
Railways Act, 1989, Section 20A, 20H(5), 20G, 17, Arbitration and Conciliation Act, 1996, Section 9 -- Acquisition of land for special railway project - Interim award of compensation granted by arbitrator - Objection as to report of Committee showing that Government published jantri rates ranges from Rs.60 to Rs.310/- per sq.mtrs. depending on category of land - Arbitrator..........
Railways Act, 1989, Section 20A, 20H(5), 17, Arbitration and Conciliation Act, 1996, Section 9 -- Acquisition of land for special railway project - Grant of interim compensation by arbitrator - Interest awarded @ 15% p.a. while interest prescribed u/s 20-H(5) is 9% p.a. from date of taking possession till actual payment - Arbitrator committed error in awarding higher..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - Four agreements - All the four agreements are interconnected - It is a case where several parties are involved in a single commercial project executed through several agreements - All the parties thus, covered by arbitration clause in main agreement - Dispute between parties to various..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - Refusal - Four agreements - Allegation of fraud - Where serious questions of fraud are involved, arbitration can be refused - There is no serious allegations of fraud levelled in the present case - Only allegation is that appellant misrepresented by inducing respondents to pay higher price for..........
Arbitration and Conciliation Act, 1996, Section 8, 85 -- Reference to arbitration - Reference to Arbitration Act, 1940 in partnership containing arbitration clause executed much after enactment of 1996 Act - An incorrect reference or recital regarding applicability of 1940 Act would not render entire arbitration agreement invalid - Since agreement in question completely..........
