Showing : 1-10 of 1289 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 32(3)-- Termination of proceedings - Recall of order - No recall application would lie in cases covered u/s 32(3) of the Act - Recall application held, not maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 15-- Substituted arbitrator - Where mandate of an arbitrator terminates, substitute arbitrator shall be appointed - Former Judge of High Court of Karnataka appointed as sole arbitrator to decide all disputes between parties...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 12(5)-- Appointment of arbitrator - Challenge as to - Where a person becomes ineligible to be appointed as an arbitrator, there is no question of challenge to such arbitrator, before such arbitrator - His mandate automatically terminates and he shall then be substituted by another arbitrator u/s 14(1) of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 12(5)-- Appointment of arbitrator - Challenge as to - Managing Director of appellant could not have acted as an arbitrator himself being rendered ineligible to act as arbitrator, as there is arbitrator's relationship with parties, consequently any appointment made by him would be null and void - There is..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration - Clause in agreement as to `deposit-at-call' for ten percent of the amount claimed to seek arbitration to avoid frivolous claims - This clause will discourage arbitration which is contrary to the object of de-clogging the Court system, and would render the arbitral process ineffective..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Family Courts Act, 1984, Rule 8(viii), Arbitration and Conciliation Act, 1996, Section 75, 81-- Mediation - Report of Counsellor - Confidentiality - Custody of child - Principle of confidentiality will not apply in matters concerning custody and guardianship issues and Court, in best interest of child must be equipped with all material touching upon relevant issues in order to render..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Family Courts Act, 1984, Rule 8(viii), Arbitration and Conciliation Act, 1996, Section 75, 81-- Mediation - Statement made in mediation proceedings - Confidentiality - Custody and guardianship issues - Statements made by parents during course of mediation may not be relied upon on the ground of confidentiality - But natural responses and statements made by minor to Counsellor would certainly..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 31(7)(a)-- Interest on delayed payment - Contract governing parties bars payment of interest - Arbitral Tribunal has no jurisdiction to award interest on delayed payment...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11, 15-- Appointment of sole arbitrator - Parties consciously agreed that disputes or differences shall be referred to Managing Director himself or his nominee for sole arbitrator - Respondent participated in arbitral proceedings before arbitrator for quite some time and thereafter he cannot turn around..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 12(5)-- Appointment of Managing Director as Arbitrator - Challenge as to - Agreement between parties was entered into in 2000 and arbitration proceedings commenced way back in 2009 - Provisions of amendment Act of 2015 thus, not applicable to arbitral proceedings, which prohibits employee of one of..........

Showing : 1-10 of 1289 Results