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Results of arbitration appointment of arbitrator

Showing : 101-110 of 274 Results

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Government contract - In case of contracts between Government corporations/state owned companies with private parties, terms of agreement are usually drawn by Government - However, it casts an onerous and responsible duty upon persona designate to appoint such persons/officers as arbitrators..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Even if arbitration agreement specifically provide for any particular qualification(s) of an arbitrator the same does not denude the power of Court acting u/s 11(6) of the Act, in an appropriate case, to depart therefrom...........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - In a situation where procedure and process under the Act has been rendered futile, power of Court to depart from agreed terms of appointment of arbitrators must be acknowledged...........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Arbitration and Conciliation Act, 1996, Section 11(6) - - Appointment of Arbitrator - Application rejected on the ground that no arbitration agreement exists - Subsequently parties have filed joint application showing name of arbitrator mutually agreed between them - Impugned order set aside and matter referred to arbitration...........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of third arbitrator - Respondent recognized that petitioner No.1 is operator on behalf of all contractors, namely, Reliance, Niko and BP - Petitioner No.1 is acting on behalf of all three contractors - Notice was served by RIL in capacity of operator - Dispute between parties clearly identified in..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Arbitration and Conciliation Act, 1996, Section 11(6), Production Sharing Contract, Article 33.5, 33.6, United Nations Commission on International Trade Law Model Law, Article 11(5), United Nations Commission on International Trade Law Rules, 1976, Article 6(4) - - Appointment of third arbitrator - Held, Art.33.6 virtually leaves it to Chief Justice of India to appoint..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of third arbitrator - Held, when CJI exercises his jurisdiction u/s.11(6) he is to be guided by provisions contained in the Act of 1996 and generally accepted practices in other international jurisdictions - CJI would also be anxious to ensure that no doubts are cast on neutrality, impartially and..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Arbitration and Conciliation Act, 1996, Section 11, Production Sharing Contract, Article 33.6 - - Appointment of third arbitrator - No agreement between parties to chose third arbitrator from India only - Held, S.11(9) specifically empowers CJI to appoint an arbitrator of a nationality other than nationality of parties involved in litigation - Merely because two..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of third arbitrator - Held, merely because, seat of arbitration is in India, applicable law is Indian Law; it does not become incumbent on Court to appoint third arbitrator, who is an Indian national...........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of a foreign national as third and presiding arbitrator - Apprehension of lack of knowledge of Indian Laws - Held, parties have already appointed one retired CJI each - Apprehension speculative...........

Showing : 101-110 of 274 Results