Showing : 671-680 of 874 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Legal Services Authorities Act, 1987-- Lok Adalat to have an uniform procedure, prescribed Registers and standardized formats of awards and permanent record of the awards, to avoid misuse or abuse of the ADR process - National Legal Services Authority as the apex body, should issue uniform guidelines for the effective functioning of..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Arbitrator - Appointment - By Court - Exercise of power u/s 11(6) of the Act is a judicial power - Preliminary matters to be considered by Court are : (1) existence of arbitration agreement, (2) territorial jurisdiction, (3) whether there are live issues to be referred to the arbitrator, and (4)..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Arbitration and Conciliation Act, 1996, Section 7-- Clause in agreement that dispute between parties to be settled in accordance with provisions of Act if they fail to settle dispute among themselves - Parties never intended to go through the conciliation proceedings even after their failure to arrive at an amicable settlement among themselves -..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Arbitrator - Appointment - Power exercised by Chief Justice of India or the Designated Judge u/s 11(6) of the Act is not an administrative power - It is a judicial power...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration agreement - Not required to be in any particular form - It is only required to be ascertained that parties agreed that if dispute arise between them in respect of the subject matter of contract then such dispute shall be referred to arbitration, then such an arrangement would spell out..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration agreement - One cannot take into consideration terms of other contracts especially when the contract is not between the same parties...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration agreement - No party can be allowed to take advantage of inartistic drafting of arbitration clause in any agreement as long as clear intention of parties to go for arbitration in case of any future disputes is evident from the agreement and material on record including surrounding..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration agreement - Intention of parties - To be gathered from surrounding circumstances including the conduct of the parties and the evidence such as exchange of correspondence between the parties...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Arbitration and Conciliation Act, 1996, Section 7, 8-- Arbitration agreement - To constitute an arbitration agreements two conditions should be satisfied - Firstly, it should be between the parties to the dispute, Secondly it should relate to or applicable to the dispute...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Arbitration and Conciliation Act, 1996, Section 7, 8-- Arbitration agreement - Should be in regard to the current dispute between the parties or the subject matter of the suit - An arbitration agreement with reference to some other transaction/contract to which plaintiff was or is a party, unconnected with the transactions or contracts to which a suit..........

Showing : 671-680 of 874 Results