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Results of arbitration appointment of arbitrator

Showing : 221-230 of 274 Results

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Arbitration and Conciliation Act, 1996, Section 11, 85 -- Arbitrator - Appointment - Arbitration agreement for referring all disputes to Arbitration Tribunal set up under the Arbitration Act, 1940 - Act repealed in 1996 - Dispute between parties arose thereafter - Held, that in the absence of existence of any arbitration Tribunal, High Court can exercise its power under..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Arbitration Act, 1940, Section 8(2), 37(3) -- Reference to arbitrator - Limitation for filing a petition u/s 8(2) seeking appointment of an arbitrator cannot be confused with the period of limitation for making a claim...........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Arbitration and Conciliation Act, 1996, Section 11(8) -- Appointment of arbitration - Petition filed u/s 11(6) of the Act - Held, once S.11(6) petition is filed before the Court, seeking appointment of an arbitrator, the power to appoint an arbitrator in terms of arbitration clause of the agreement ceases...........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Arbitration and Conciliation Act, 1996, Section 11(8) -- Appointment of arbitration - Petition u/s 11(6) of the Act filed after expiry of 30 days notice period - Other party having right to appoint arbitrator under arbitral agreement loses the right to do so...........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - If parties have agreed on a procedure for appointing arbitrator or arbitrator, sub-sections (3) and (5) of S.11 of the Act have no application...........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator - Appointment - Recourse to sub-section (6) can be had only where the parties have agreed on a procedure for appointment of an arbitrator but (a) a party fails to act as required under that procedure; or (b) the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Request to the Chief Justice for appointment of an arbitrator can be made under sub-sections (4) and (5) of Section 11 where parties have not agreed on a procedure for appointing the arbitrator as contemplated by sub-section (2) of Section 11 - A request to the Chief Justice for appointment of..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Arbitration and Conciliation Act, 1996, Section 7, 11(5), 11(6) -- Arbitrator - Appointment - 'Dispute shall be referred to arbitration if parties so desire' - It is not an arbitration agreement - This clause requires consent of parties before the dispute can be referred to arbitration - In the absence of an arbitration agreement the question of exercising power u/s 11 of..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Arbitration and Conciliation Act, 1996, Section 11(5),21,43 -- Arbitrator - Appointment of arbitrator - Limitation - The embargo for attracting the provisions of limitation is on a date when the arbitral proceedings in a dispute shall commence, on a request for that dispute to be referred to arbitration is received by the respondent - When the request for invoking the..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Arbitration and Conciliation Act, 1996, Section 11(6), 11(5) -- Arbitrator - Appointment - One party demanding the other party for appointment of arbitrator - Arbitrator not appointed within 30 days of demand - In case arising u/s 11(6) of the Act, if the opposite party does not make appointment within 30 days of demand, the right to make appointment is not forfeited but..........

Showing : 221-230 of 274 Results