Showing : 51-60 of 1367 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 47-- Foreign award - Enforcement - Non-filing of arbitration agreement or original award or relevant document mentioned in S.47 of the Act should not entail dismissal of application for enforcement of an award at the initial stage - Word `shall' relating to production of evidence in S.47 at time of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration agreement - Not signed by both the parties - Contract is governed by English law under which there is no requirement for Charter Party (agreement) to be signed by parties to make it binding - Abundant material was examined by both Arbitrator and High Court to record a finding that..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 7(3)-- Arbitration agreement - Need not be signed though it needs to be in writing as per S.7(3) of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration agreement - Unsigned agreement - Bill of lading - Respondent expressly agreed to be bound by arbitration clause despite the fact that it is a printed condition annexed to Bill of Lading - Moreover, respondent itself relied upon Bill of Lading as part of its cause of action to recover..........
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 31(7)-- Arbitral award - Rate of interest - Award of interest for pre-reference and pendente lite period is subject to agreement between parties - However, in the absence of agreement between parties, Tribunal has discretion to award interest as it deems reasonable...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 31(7)-- Arbitral award - Rate of interest - Post award period - Interest on post award period is not subject to agreement between parties - Statutory rate of interest is 2% higher than current rate of interest prevalent on date of award...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 31(7)-- Arbitral award - Rate of interest - Dual rate of interest has been awarded by Tribunal i.e payment of interest @ 9% for 120 days post award and if amount awarded is not paid within 120 days, rate of interest is scaled up to 15% on sum awarded - Award of a much higher rate of interest after 120..........
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..........

Showing : 51-60 of 1367 Results