Showing : 1-10 of 1367 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137-- Appointment of arbitrator - Limitation - Work contract - Cause of action in the case arose when final bill was handed over to respondent became due i.e on 8.2.1986 - Mere correspondence of appellant by way of writing letters/reminders subsequent to this date to respondent would not extend time of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5-- Appointment of arbitrator - Limitation - Extension of time u/s 43(3) of 1996 Act - Period during which parties were bona fide negotiating towards a amicable settlement may be excluded for purpose of computing period of limitation for reference to arbitrator - However, entire negotiable history..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5-- Appointment of arbitrator - Limitation - Extension of time - Appellant Company stated that it was involved in negotiation with respondent in 14 years preceding application before settlement committee - However, no evidence brought on record to show that they were required to proceed before..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 21, 85-- Commencement of arbitral proceedings - Date on which notice was served to other party requesting appointment of an arbitrator, is the deciding factor as to whether 1940 Act applies or 1996 Act applies - In the instant case, notice was served to respondent in 2002 as such provisions of 1996 Act..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 8-- For referring the parties to arbitration, conditions to be fulfilled are : (i) there is an arbitration agreement; (ii) a party to the agreement brings an action in the court against the other party; (iii) subject-matter of the action is the same as the subject-matter of the arbitration agreement;..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 8-- Reference of dispute to arbitrator - Parties can be referred to arbitration in an application u/s 8 of the Act only if subject matter of suit is also same as subject matter of arbitration...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 8-- Reference of dispute to arbitrator - Where parties have settled their differences and compromise the matter as per which parties have entered into a new arrangement, arbitration clause in prior agreement cannot be invoked in the dispute subsequently arising between parties - High Court erred in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 8-- Reference of dispute to arbitrator - Compromise decree - Plea of fraud - Where plea that compromise decree is vitiated by fraud has been raised, merits of such plea could only be decided by civil Court upon consideration of evidence adduced by parties, parties cannot be referred to arbitration...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6), 20-- Appointment of arbitrator - Jurisdiction - Parties agreed that `venue' of arbitration shall be at Bhubaneswar - Intention of parties is to exclude all other Courts - Non use of words like `exclusive jurisdiction', `only', `exclusive', `alone' is not decisive and does not make any material..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 14-- Arbitrator - Cannot be removed merely because order passed by such arbitrator states that fee of arbitrator would be payable as per Schedule of the Act and not as per fee fixed in agreement...........

Showing : 1-10 of 1367 Results