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Results of arbitration appointment of arbitrator

Showing : 121-130 of 274 Results

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator - Appointment - Chief Justice or the designated Judge can also decide whether the claim was dead one or a long-barred claim - However, it is not imperative for the Chief Justice or his designate to decide the questions at the threshold - It can be left to be decided by the Arbitral Tribunal...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator - Appointment - Disputed questions of fact like service of notice etc. are best left to the arbitral tribunal to decide...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Demand to appoint arbitrator - Failure to appoint arbitrator till filing of application u/s 11(6) of the Act - Such a party forfeits its right to appoint an arbitrator - Court should exercise its jurisdiction u/s 11(6) of the Act - Appointment of arbitrator by such a party during pendency of proceedings u/s 11(6) of..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Arbitration and Conciliation Act, 1996, Section 11(6), 13, 15 -- Arbitrator - Appointment - Arbitration clause that sole arbitrator would be ED(NR) or his nominee and no one else - It is not open to either of the parties to unilaterally appoint any arbitrator for resolution of the dispute...........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Death of named arbitrator - Substitute arbitrator - Objection can be raised by the parties only if there is a clear prohibition or debarment in resolving the question or dispute or difference between the parties in case of death of the named Arbitrator or their no, availability, by a..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of Arbitrator - Bonafide disputes between parties - Within the scope of arbitration clause - Held, dispute be resolved through arbitration...........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of Arbitrator - Plea that disputes are either belated or raised only to avoid liability under contract - Dispute arose in September, 2008 and present application for appointment of arbitration filed in February, 2009 - Held, petition cannot be said to be belated...........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Arbitration Act, 1940, Section 5,11,12,30 -- Arbitrator - Appointment - Court appointing Chief Engineer who was named as arbitrator in the arbitration agreement - Held, once parties enter into contract knowing the role, authority or power of the Chief Engineer in the affairs relating to the contract but nevertheless agree for him to be arbitrator and name him in the..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Arbitration Act, 1940, Section 12 -- `Bias' as ground challenging appointment of arbitrator - Petitioner raised vague and general objections - No materials, much less cogent, have been placed - No sufficient reason appears on record as to why arbitrator should not have proceeded with arbitral proceedings - Held, test of reasonable apprehension of bias in the mind of a..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Arbitration and Conciliation Act, 1940, Section 30, 33 -- Award made 15 months after arbitrator had been appointed - Whether award was passed in haste - Held, by no stretch of imagination, it can be said that award was made in haste by arbitrator - Merely because arbitrator was due to retire 1-1/2 months after passing of award, it cannot be said that award was made in..........

Showing : 121-130 of 274 Results