Showing : 51-60 of 1289 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34(2)(a)-- Arbitral award - Setting aside - Proof - Ordinarily anything beyond Arbitration record not required - However, matter not contained in such record may be brought to notice of Court by way of affidavits - Cross examination of persons swearing to the affidavits should not be allowed unless..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Territorial jurisdiction - Courts in Mumbai having exclusive jurisdiction as per agreement between parties - It is thus, Mumbai Courts alone before which S.34 application can be filed - Arbitration that was conducted at Delhi was only at a convenient venue and that does not confer..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34(5)(As-- Arbitration award - Setting aside - Provision of S.34(5) is procedural, the infraction of which leads to no consequence - However, it shall be the endeavour of every Court in which a S.34 application is filed, to stick to the time limit of one year from the date of service of notice to the..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration Act, 1940, Section 29-- Award of interest - Pre-reference and pendente lite interest - Unless there is a clear and express bar to the payment of interest that can be awarded by an arbitrator, clauses which do not refer to claims before the Arbitrators or disputes between parties and clearly bar payment of interest,..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration Act, 1940, Section 29-- Award of interest - Pre-reference and pendente lite interest - Contract - Clause 16 of General conditions of contract only speak of delay in payment and not to any other amounts payable to contractor under the contract - There is nothing in said clause which refers even obliquely to Arbitrator's..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration Act, 1940, Section 29-- Award of interest - Pre-reference and pendente lite interest - Civil Judge reduced interest from 18% to 10% as awarded by Arbitrator only on the ground that ONGC is a Public Sector Undertaking - Said ground is not sufficient to reduced interest what was within Arbitrator's discretion - Even, there..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 37(2)(b), 17-- Appeal - Interim order - Tender process - Auction bid - Tribunal vide its interim order granted right of first refusal (ROFR) by matching lowest bid to respondent - However, exercise of said right would come into play only if respondent participated in tender process pursuant to notice inviting..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration Act, 1940, Section 17-- Arbitral award - Interest pendente lite - When a dispute is referred for adjudication to an arbitrator, terms contained in General Contract clauses, which is binding on parties, cannot be extended to bind an Arbitrator - Arbitrator has power to award interest pendente lite where justified...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration Act, 1940, Section 17-- Arbitral award - Interest pendente lite - In a case of unascertained damages, the question of interest would arise upon the ascertainment of damages in the course of lis - Such damages could attract interest pendente lite for the period from the commencement of the arbitration to the award -..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Railways Act, 1989, Section 20A, 20H(5), 20G, 17, Arbitration and Conciliation Act, 1996, Section 9-- Acquisition of land for special railway project - Interim award of compensation granted by arbitrator - Objection as to report of Committee showing that Government published jantri rates ranges from Rs.60 to Rs.310/- per sq.mtrs. depending on category of land - Arbitrator awarded additional..........

Showing : 51-60 of 1289 Results