Arbitration and Conciliation Act, 1996, Section 11, 7 -- Arbitrator - Arbitration agreement - Three recitals in the agreement strongly point towards an unambiguous intention of parties to refer their dispute to arbitration, viz; (i) mandatory nature of reference to arbitration by using the term "shall be referred to arbitration of a Sole Arbitrator mutually appointed,..........
Arbitration and Conciliation Act, 1996, Section 31(7)(b) -- Arbitral award - Post award interest - Phrase `unless the award otherwise directs" in S.31(7)(b) of the Act, only qualifies the rate of interest - According to S.31(7)(b), if arbitrator does not grant post award interest, the award holder is entitled to post-award interest at 18% - Arbitrator has discretion to..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Dispute arising out of non-renewal of lease is arbitrable as per lease deed executed between parties - Arbitration clause cannot be rendered otiose by refusal of State to renew lease - Former Chief Justice of Gujarat High Court and former Chairman of Sikkim Law Commission is thus,..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Respondent failed to appoint arbitrator as per agreed procedure and in terms of the agreement - Respondent thus forfeited its right to appoint an arbitrator - Thereafter arbitrator has to be appointed u/s 11(6) of the Act...........
Arbitration and Conciliation Act, 1996, Section 11(6), 7 -- Appointment of arbitrator - No arbitration agreement in between parties - However counsel of both the parties did not dispute the fact that clause 15 of the Contract agreement and clause 5 of policy decision provide for appointment of an arbitrator - Arbitrator appointed on an understanding of counsel which in any..........
Arbitration and Conciliation Act, 1996, Section 11(6), 7 -- Appointment of arbitrator - No arbitration agreement between parties agreeing to refer either present or future disputes to arbitration - Clause 15 of contract agreement is a dispute resolution mechanism at Company level rather than an arbitration agreement - Even in clause 5 of communication between parties there..........
Arbitration and Conciliation Act, 1996, Section 11(6), 42 -- Appointment of arbitrator - Territorial jurisdiction - Mere fact that appointment of an arbitrator is not opposed by appellants that itself will not confer jurisdiction upon High Court if otherwise, High Court had no jurisdiction...........
Arbitration and Conciliation Act, 1996, Section 11(6), 42 -- Appointment of arbitrator - Territorial jurisdiction - Respondent before filing an application u/s 11(6) of the Act moved an application u/s 9 of the Act before Court at Visakhapatnam - In that view of matter considering S.42 of the Act, High Court of AP alone would have jurisdiction to decide subsequent..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitration - There cannot be two arbitration proceedings with respect to same contract/transaction...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Limitation - Dispute between parties arose in the year 2007 whereafter applicant for first time sent a legal notice to respondents for appointment of arbitrator whereupon respondents responded by their letter asking applicant to deposit necessary 10% of claim amount failing which it would..........
