Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Enforceability - No legal impediment to enforceability of arbitration agreement pending payment of stamp duty on substantive contract...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Three arbitration agreements executed between parties - Identical arbitration clause contained in all three agreements not disputed - Respondent himself proposed to consolidate dispute under said agreements and to refer them to a sole arbitrator to one single arbitration, thus respondent..........
Commercial Courts Act, 2015, Section 3, 10, Arbitration and Conciliation Act, 1996, Section 2(1)(e) -- Commercial Courts - Conferring jurisdiction upon Court of Civil Judge (Senior Division) as Commercial Court to decide applications or appeal arising out of arbitration under the provisions of Act of 1996 - Not illegal or bad in law - Same can be said to be absolutely in..........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief - Direction to deposit amount of performance of bank guarantees - Bank guarantees were already invoked and amounts under respective bank guarantees were already paid by bank much prior to Commercial Court had passed order u/s 9 of the Act - Unless and until conditions mentioned in O.38.R.5 CPC are..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Interest pendente lite - Work contract as awarded to respondent completed on 30.8.1977 - However, respondent did not take any steps till 25.6.1989 for a period of 12 years to raise his claim - Very conduct of respondent for remaining silent for such a long period would disentitle him for interest..........
Arbitration and Conciliation Act, 1996, Section 11, 7(2) -- Appointment of arbitrator - Issue of non-arbitrability of dispute - When specific plea was taken that dispute is not arbitrable, High Court was at least required to hold a primary inquiry/review and prima facie come to conclusion as to whether dispute is arbitrable or not - Appointment of arbitrator without..........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief - A party may apply to Court for interim measures before commencement of Arbitral proceedings, during arbitral proceedings or at any time after making Arbitral award, but before its enforcement in accordance with S.36 of the Act - For grant of interim relief u/s 9 of the Act, Court would have to consider..........
Arbitration and Conciliation Act, 1996, Section 36 -- Arbitral award - Enforcement - Where time for making an application to set aside arbitral award has expired u/s 36 of the Act, award might be enforced in accordance with provisions of CPC in the same manner as it were a decree of Court...........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief u/s 9 of the Act - If a strong prima facie case is made out and balance of convenience is in favour of interim relief being granted, Court exercising power u/s 9 of the Act should not withhold relief on mere technicality of absence of averments, incorporating grounds for attachment before judgment..........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief u/s 9 of the Act - Applicability of provisions of CPC - Power u/s 9 of the Act should not ordinarily be exercised ignoring basic principles of procedural law as laid down in CPC - However, technicalities of CPC cannot prevent Court from securing ends of justice...........
