Showing : 11-20 of 1300 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11, 15-- Substituted arbitrator - Mere neglect of an arbitrator to act or delay in passing award by itself cannot be ground to appoint another arbitrator in deviation from terms agreed to by parties - High Court was thus, not right in appointing independent arbitrator without keeping in view terms of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Constitution of India, 1950, Article 142, Arbitration and Conciliation Act, 1996, Section 11, 15-- Arbitral award passed during pendency of application filed by respondent for appointment of independent arbitrator - Arbitrator appears to have hurriedly passed the award - Respondent has made number of claims under various heads, thus he has to be given an opportunity to substantiate its claim..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 15, 16-- Arbitrator - Removal - Allegations of bias - Not a ground for removal of an arbitrator...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 15, 16-- Arbitrator - Removal - Appointment of former employee of State as arbitrator - Objection - Act does not disqualify a former employee of State over 10 years ago from acting as an arbitrator, provided that there are no justifiable doubts as to his independence and impartiality - Even otherwise,..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Consumer Protection Act, 1986, Section 2, 12, Arbitration and Conciliation Act, 1996, Section 8-- Consumer complaint - Arbitration agreement between parties - Dismissal of application filed u/s 8 of Arbitration Act - Order upheld - Consumer complaint can be proceeded with despite there being an arbitration agreement between the parties...........

Showing : 11-20 of 1300 Results