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Results of arbitration appointment of arbitrator

Showing : 151-160 of 274 Results

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Claim whether barred by res judicata - Does not arise for consideration in a proceeding u/s 11 of the Act - Such issues has to be examined by the arbitral tribunal - Limited scope of S.11 of the Act does not permit examination of the maintainability or tenability of a claim either on facts or..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Consideration of an application u/s 11 of the act does not extend to consideration of the merits of the claim or the chances of success of the claim...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Claim whether barred by limitation - Not to be decided in an application u/s 11 of the Act...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Arbitration and Conciliation Act, 1996, Section 11(5) -- Arbitrator - Appointment - Existence of arbitration agreement itself questioned - Question whether or not an arbitration agreement exists between the parties will have to be answered for it is only if the answer to that question is in the affirmative that Chief Justice or his designate can pass an order of reference..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Arbitration and Conciliation Act, 1996, Section 11(5) -- Arbitrator - Appointment - A heavy duty lies upon the party who seeks to avoid a contact on the ground of mis-representation, fraud or coercion to prove any such allegation...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Arbitration and Conciliation Act, 1996, Section 11(5) -- Arbitrator - Appointment - Existence of arbitration agreement questioned - Plea of transgression of limits of authority by the person executing the agreement - Nothing on record to suggest that any action was indeed taken against such person for the alleged transgression of the limits of his authority and if so the..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Arbitration Act, 1940, Section 8(2) -- Arbitrator - Appointment by Court - Not challenged and allowed to attain finality - Order challenged after award made and award made a rule of Court - Rule of finality comes into play in regard to the order appointing arbitrator...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Arbitration Act, 1940, Section 8(2), 14, 30, 33, 39 -- Arbitrator - Appointment by Court after adjudication that there was an arbitration agreement - Appointment of arbitrator not challenged - Award by arbitrator not a nullity...........

KERALA HIGH COURT

Year of decision: 2010
Details

Arbitration and Conciliation Act, 1996, Section 6, 19(3), 26 -- Arbitration - Appointment of an expert by arbitral tribunal - Arbitrator has ample power to appoint a Commissioner for local inspection, an accountant to inspect the accounts, a finger print expert or a handwriting expert to inspect questioned documents, an engineer or an architect to inspect structures,..........

KERALA HIGH COURT

Year of decision: 2010
Details

Arbitration and Conciliation Act, 1996, Section 11(8) -- Appointment of arbitrator in technical field - S.11(8) of he Act is not a bar for the appointment of an appropriate person, other than an expert in the technical field, as arbitrator, even in a case where expert opinion is required for resolving the dispute...........

Showing : 151-160 of 274 Results