Showing : 51-60 of 1277 Results

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..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Railways Act, 1989, Section 20A, 20H(5), 17, Arbitration and Conciliation Act, 1996, Section 9-- Acquisition of land for special railway project - Grant of interim compensation by arbitrator - Interest awarded @ 15% p.a. while interest prescribed u/s 20-H(5) is 9% p.a. from date of taking possession till actual payment - Arbitrator committed error in awarding higher interest - Interim award,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Arbitration clause - Dispute referred to arbitrator - Arbitral award ordering specific performance - Vendee failed to deposit the amount as required to pay as per arbitral award enforceable being a decree under CPC - Even no steps or attempt being made for such payment..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 8-- Reference to arbitration - Four agreements - All the four agreements are interconnected - It is a case where several parties are involved in a single commercial project executed through several agreements - All the parties thus, covered by arbitration clause in main agreement - Dispute between..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 8-- Reference to arbitration - Refusal - Four agreements - Allegation of fraud - Where serious questions of fraud are involved, arbitration can be refused - There is no serious allegations of fraud levelled in the present case - Only allegation is that appellant misrepresented by inducing respondents..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 8, 85-- Reference to arbitration - Reference to Arbitration Act, 1940 in partnership containing arbitration clause executed much after enactment of 1996 Act - An incorrect reference or recital regarding applicability of 1940 Act would not render entire arbitration agreement invalid - Since agreement in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration agreement - Arbitration clause - Required to be strictly construed - Any expression in clause must unequivocally express the intent of arbitration - If a clause stipulates that under certain circumstances there can be no arbitration and they are demonstrably clear then controversy..........

Showing : 51-60 of 1277 Results