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Results of arbitration appointment of arbitrator

Showing : 111-120 of 274 Results

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Arbitration and Conciliation Act, 1996, Section 34 -- Arbitrator - Existence of dispute is essential for appointment of an arbitrator - Mere failure or inaction to pay does not lead to the inference of existence of dispute - When claim is denied on many grounds then it would be inappropriate to say that there was inaction or mere denial...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Chief Justice when comes to a finding that there exists a live issue, then naturally this finding includes a finding that respective claims of parties have not become barred by limitation...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - For the purpose of setting into motion the arbitral procedure the Chief Justice or his designate is required to decide the issues, namely, (i) territorial jurisdiction, (ii) existence of an arbitration agreement between the parties, (iii) existence or otherwise of a live claim, and (iv)..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Issues as to (a) whether claimed is a dead (long barred) claim or a live claim; (b) whether the parties have concluded the contract/transaction by recording satisfaction of their mutual rights and obligation or by receiving the final payment without objection, when raised in an application..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Expression of opinion on merits of dispute - Set aside...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Arbitration and Conciliation Act, 1996, Section 11(5), 6 -- Appointment of Arbitrator - Appellant relying on settlement by way of defence - Question as to whether letter constitutes "full and final settlement" - Letter in question open to two interpretations - Which of the two interpretations is ultimately accepted has to be decided by the appropriate forum - As there is..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Arbitration and Conciliation Act, 1996, Section 8, 5 -- Arbitrator - Appointment - Two earlier agreement containing arbitration clause superseded by a new contract - New agreement not containing arbitration clause - New agreement not even indicating any dispute arising under the original contract or about the settlement thereof - New agreement is nothing but a pure and..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator appointed by one party invoking arbitration agreement and intimation thereof conveyed to the other party - It is not open to the other party to invoke S.11(6) for appointment of arbitrator - Such appointment can be challenged only u/s 13 and thereafter u/s 34 of the Act - When an arbitration tribunal is..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator - Appointment - Application u/s 11(6) of the Act not to be decided as a suit - Only the preliminary issues are to be decided such as jurisdiction to entertain the application, the existence of a valid arbitration agreement, whether a live claim existed or not, for the purpose of appointment of an..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator - Appointment - Main agreement even if declared void arbitration clause still survives...........

Showing : 111-120 of 274 Results