Showing : 91-100 of 1332 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34, 16(2)-- Arbitral award - Setting aside - Objection as to jurisdiction - Can be raised u/s 34 of the Act, even if no such objection was raised u/s 16 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13-- Invocation of SARFAESI Act - Merely because remedy under Arbitration and Conciliation Act was invoked, is no ground to debar respondent from taking recourse to SARFAESI Act...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 7, 11-- Arbitration agreement - Work contract - Agreement entered into between parties not intended to make arbitration clause as a part of contract between parties - There is no independent arbitration agreement between parties either - Remedy under the Act for appointment of arbitrator rightly not..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 36-- Arbitral award - Enforcement - Award is to be enforced in accordance with provisions of CPC in the same manner as if it were a decree - However, award itself is not a decree of civil Court, it is thus, enforcement mechanism which is akin to enforcement of a decree...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 36-- Arbitral award - Enforcement - Arbitral award can straightaway be filed and executed in Court where assets are located - No requirement for obtaining a transfer of decree from Court, which would have jurisdiction over arbitral proceedings...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 42-- Arbitral award - When an award is already made of which execution is sought, arbitral proceedings already stand terminated on making of final award - S.42 of the Act would not apply to an execution application...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 8, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, Section 13(1)-- Order which refer parties to arbitration u/s 8 of the Act - Not appealable u/s 13(1) of 2015 Act as said order is not appealable u/s 37(1)(a) of 1996 Act - Even, appeal rejecting plea u/s 16(2) & (3) of 1996 Act is not appealable u/s 13(1) of 2015 Act, as said order is not appealable u/s 37(2)(a)..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 50, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, Section 13(1)-- Enforcement of foreign award - Appeal - Maintainability u/s 13(1) of 2015 Act - If appeal lies u/s 50 of 1996 Act only then S.13(1) of 2015 Act, will be attracted as laying down forum which will hear and decide such appeal but if no appeal lies u/s 50 of 1996 Act, then no forum can be provided for..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of arbitrator - Work contract - "No Dues/No Claim Certificate" issued by contractee on receiving full amount of final bills - Contractee after a gap of one month withdrew "No Dues/No Claim Certificate" on the grounds of coercion and duress - No evidence on record that said certificate..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 2(1)(c)-- Arbitral award - Interim award or partial award is a final award on matters covered therein made at an intermediate stage of the arbitral proceedings...........

Showing : 91-100 of 1332 Results