Constitution of India, 1950, Article 142, Arbitration and Conciliation Act, 1996, Section 11, 15 -- Arbitral award passed during pendency of application filed by respondent for appointment of independent arbitrator - Arbitrator appears to have hurriedly passed the award - Respondent has made number of claims under various heads, thus he has to be given an opportunity to..........
Civil Procedure Code, 1908, Section 115, Arbitration and Conciliation Act, 1996, Section 37, 16 -- Rejection of application by arbitrator for termination of arbitral proceedings - Revision u/s 115 CPC - Maintainability - As revision u/s 115 CPC lies before High Court only against order in appeal u/s 37 of Arbitration and Conciliation Act and not against arbitrator`s order..........
Arbitration and Conciliation Act, 1996, Section 2(2) - - Expression `Court' - In State of Odisha, District Court is principal Court of original jurisdiction as per S.2(2) of Orissa Civil Courts Act and High Court does not exercise original civil jurisdiction therefore, in State of Odisha, District Court is `Court' within the definition of `Court' u/s 2(1)(e) of Arbitration..........
Arbitration and Conciliation Act, 1996, Section 8, Legal Services Authorities Act, 1987, Section 22(C) -- Reference to arbitration - Expression `Judicial Authority' - Cannot exclude jurisdiction of Public Utility Services constituted under Legal Services Authorities Act...........
Arbitration and Conciliation Act, 1996, Section 15, 16 -- Arbitrator - Removal - Allegations of bias - Not a ground for removal of an arbitrator...........
Arbitration and Conciliation Act, 1996, Section 15, 16 -- Arbitrator - Removal - Appointment of former employee of State as arbitrator - Objection - Act does not disqualify a former employee of State over 10 years ago from acting as an arbitrator, provided that there are no justifiable doubts as to his independence and impartiality - Even otherwise, appointment made prior..........
Consumer Protection Act, 1986, Section 2, 12, Arbitration and Conciliation Act, 1996, Section 8 -- Consumer complaint - Arbitration agreement between parties - Dismissal of application filed u/s 8 of Arbitration Act - Order upheld - Consumer complaint can be proceeded with despite there being an arbitration agreement between the parties...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Arbitration award - Objections - Condonation of delay - S.5 of Limitation Act is not applicable to an application u/s 34 Arbitration Act...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 14 -- Arbitration award - Objections - S.14 of Limitation Act is applicable to an application u/s 34 of Arbitration Act...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Objections - Limitation - Three months - Period can be extended for a further period of thirty days on showing sufficient cause and not thereafter - Use of words "but not thereafter" in the proviso makes it clear that extension cannot be beyond thirty days...........
