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Results of arbitration appointment of arbitrator

Showing : 1-10 of 274 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Issue of limitation raised to oppose appointment of arbitrator - Said issue being jurisdictional issue cannot be decided by High Court at pre-reference stage u/s 11 of the Act - Issue of limitation be decided by arbitral Tribunal - Former Judge of Supreme Court thus, appointed as Sole..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 11(5) -- Appointment of sole arbitrator - Person interested in outcome or decision of dispute has no power to appoint a sole arbitrator...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - When agreement specifically provides for appointment of named arbitrators, appointment should be in terms of agreement - High Court was not right in appointing an independent arbitrator ignoring contract between parties - Order of High Court set aside - Appellant directed to appoint..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 8 -- Appointment of arbitrator - Dispute as to sharing of rent of lease space - Cl.19 of Addendum that in the event of any dispute and difference arising among parties out of, in connection with or relating to agreement will be referred to arbitration - High Court committed grave error in not referring dispute between parties..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of Arbitrator - Arbitration clause in partnership deed - Fraud - All allegations pertain to affairs of partnership and siphoning of funds therefrom and not to any matter in the public domain - This is a case which falls on the side of `simple allegations' as there is no allegation of fraud which vitiates the..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 21, 85 -- Commencement of arbitral proceedings - Date on which notice was served to other party requesting appointment of an arbitrator, is the deciding factor as to whether 1940 Act applies or 1996 Act applies - In the instant case, notice was served to respondent in 2002 as such provisions of 1996 Act would apply to..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Work contract - Cause of action in the case arose when final bill was handed over to respondent became due i.e on 8.2.1986 - Mere correspondence of appellant by way of writing letters/reminders subsequent to this date to respondent would not..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5 -- Appointment of arbitrator - Limitation - Extension of time u/s 43(3) of 1996 Act - Period during which parties were bona fide negotiating towards a amicable settlement may be excluded for purpose of computing period of limitation for reference to arbitrator - However, entire..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5 -- Appointment of arbitrator - Limitation - Extension of time - Appellant Company stated that it was involved in negotiation with respondent in 14 years preceding application before settlement committee - However, no evidence brought on record to show that they were required to..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 11(6), National Highways Act, 1956, Section 3G(5) -- Appointment of arbitrator - Power being vested exclusively with Central Government to appoint an Arbitrator u/s 3G(5) of the Act, being a special enactment, application filed u/s 11(6) of the Act for appointment of an arbitrator was not maintainable - However, if Central..........

Showing : 1-10 of 274 Results