Showing : 41-50 of 1300 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 31(7)-- Arbitral award - Interest - In international commercial arbitration, in absence of an agreement between parties on interest, rate of interest awarded would be governed by seat of arbitration - Rate of interest awarded must correspond to the currency in which award is given and must be in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34-- Petition u/s 34 of the Act - Court while deciding said petition has no jurisdiction to remand matter to Arbitrator for a fresh decision...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of sole arbitrator - Dispute between government company and State through its authority Maharashtra Housing and Area Development Authority (MHADA) - Dispute between parties not resolved by mutual hearing - Keeping in view the nature of controversy, status of parties and mandate..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17-- Applicability of S.17 of Limitation Act to Arbitral award - Once party has received award, limitation period u/s 34(3) of Arbitration Act commences - S.17 of Limitation Act would not come to rescue of such objecting party...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17-- Applicability of S.17 of Limitation Act to Arbitral award - Once respondents received award, time u/s 34(3) commenced and any subsequent disability even as per S.17 or S.9 of Limitation Act is immaterial - Merely because appellant committed some fraud, it would not affect respondents right to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17, 29(2)-- Applicability of S.17 of Limitation Act to Arbitral award - Arbitration Act is a `special law' which prescribes a specific period of limitation in S.34(3) for filing objections to an arbitral award passed under Arbitration Act - Consequently, provisions of Arbitration Act would apply - There is no..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17, 29(2)-- Applicability of S.17 of Limitation Act to Arbitral award - Extending S.17 of Limitation Act to S.34 of Arbitration Act would do violence to scheme of Arbitration Act and go contrary to principle of `unbreakability' enshrined u/s 34(3) of Arbitration Act...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17-- Applicability of S.17 of Limitation Act to Arbitral award - Finality is a fundamental principle enshrined under Arbitration Act and a definite time limit for challenging an award is necessary for ensuing finality - If S.17 were to be applied, an award can be challenged even after 120 days - This..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17-- Applicability of S.17 of Limitation Act to Arbitral award - A party can challenge an award as soon as it receives award u/s 34 of Arbitration Act - Once award is received a party has knowledge of award and limitation period commences - Objecting party therefore, precluded from invoking S.17(1)(b),..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 20-- Place of arbitration - Word place cannot be used as seat though both the words are used interchangeably - A venue can become a seat if something else is added to it as a concomitant - But a place unlike seat, at least as is seen in contract, can become a seat if one of conditions precedent is..........

Showing : 41-50 of 1300 Results