Arbitration and Conciliation Act, 1996, Section 11(6), (6A) -- Appointment of arbitrator - Pre-referral jurisdiction of Courts u/s 11(6) of the Act is very narrow and inheres two inquiries i.e. : (i) primary inquiry is about existence and validity of an arbitration agreement, which also includes an inquiry as to parties to agreement and applicant's privity to said..........
Arbitration and Conciliation Act, 1996, Section 11(6), (6A) -- Appointment of arbitrator - Pre-referral jurisdiction of Court - Referral Court has not pronounced anything finally on existence and validity of arbitration agreement which ought to have been done by referral Court - Order passed by High Court referring disputes to arbitration quashed - Matter remanded for..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Non-existence of arbitration agreement in relation to entire subject matter of suit - Except principle agreement none of agreements contained any arbitration clause even if they relate to same property - More so, substantive reliefs claimed in the suits fall outside the arbitration..........
Civil Procedure Code, 1908, Order 7, Rule 11, Arbitration and Conciliation Act, 1996, Section 8 -- Rejection of plaint - Arbitration agreement - As arbitration agreement is applicable to the subject matter of dispute as such trial Judge was justified in referring the dispute to arbitration...........
Arbitration and Conciliation Act, 1996, Section 31(7)(a) -- Arbitral award - Interest pendente lite - Arbitrator/arbitral Tribunal can award pendente lite interest if there is no specific bar under the contract...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Arbitral Tribunal on appreciation of entire evidence on record specifically observed that contractor failed to complete work even within stipulated extended period of time and even abandoned work - Construction company therefore, was justified in rescinding the contract..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Interest on advance for hypothecation of equipment - Once it was found that advance amount was paid for hypothecation of equipment and thereafter when Arbitral Tribunal awarded interest on advance for hypothecation of equipment, same was not required to be interfered with..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - High Court was not right in dismissing petition by giving a finding on novation of Share Purchase Agreement between parties - Said aspect would have a bearing on merits of controversy between parties - It must be left to Arbitrator to decide on said issue also - Impugned order set aside -..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - When agreements in question contains arbitration clauses, Court ought to have allowed application u/s 11(6) of the Act and ought to have left issue on arbitrability of dispute between parties to arbitrator...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Share subscription and Shareholders agreement containing arbitration clause - Pendency of proceedings at the instance of respondent as minority shareholder for oppression and mismanagement before NCLT, is not ground to dismiss application u/s 11(6) of the Act, as same should be left to..........
