Arbitration and Conciliation Act, 1996, Section 34, 37 -- Arbitral award - Any award of an arbitrator or a tribunal that seeks to overreach a binding judicial decision does conflict with fundamental public policy and cannot therefore, sustain...........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Arbitral award - Claim related to loss of profit, profitability or opportunities to succeed - Conditions to be satisfied are : (i) There was delay in completion of contract; (ii) such delay is not attributable to the claimant; (iii) the claimant's status as an established contractor, handling substantial projects;..........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Claim for damages - Whether general or special, cannot as a matter of course result in an award without proof of the claimant having suffered injury...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Jurisdiction u/s 34 of the Act will not be exercised merely because an alternative view on facts and interpretation of contract exists...........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - While exercising jurisdiction u/s 37 of the Act, Court is concerned about jurisdiction that S.34 of the Act exercised while considering challenge to arbitral award - Question of reinterpreting the contract on an alternative view does not arise...........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - Memorandum of Understanding (MoU) having an arbitration clause exclusively executed between appellant and respondent - MoU contains a description of respective family units and their concerns - Neither Bank nor company are parties to arbitration agreement - MoU indicates that there are certain..........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - An application u/s 11 of Act of 1996 is governed by Article 137 of Limitation Act and must be made within three years from the date when the right to apply first accrues...........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Continuation of negotiations - Mere negotiations will not postpone "cause of action" for the purpose of limitation...........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Petition u/s 11(6) of the Act for seeking appointment of Arbitral Tribunal is required to be filed before High Court or Supreme Court, as the case may be and it is Art.137 of Limitation Act which would apply - Said period would begin to run..........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Claim for arbitration must be raised as soon as the cause for arbitration arises - Cause of arbitration arises when the claimant becomes entitled to raise the question, that is, when the claimant acquires right to require arbitration...........
