Showing : 21-30 of 279 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - Insurance claim - Settlement of claim - Plea of fraud - Mere plea of fraud, coercion or undue influence in itself is not enough and party who so alleges is under obligation to prima facie establish the same by placing satisfactory material on record before Chief Justice..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - It is judicial power and not mere administrative function leaving some degree of judicial intervention when it comes to question to examine existence of a prima facie arbitration agreement it is always necessary to ensure that dispute resolution process does not become..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - Insurance claim - Settlement of claim - Plea of fraud - Respondent signed discharge voucher in full and final settlement with accord and satisfaction - Appointment of arbitrator sought after 11 weeks of settlement of claim and release of discharge voucher - Discharge..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6), Karnataka Stamp Act, 1957, Article 5(id)-- (as inserted by Act of 2012) - Application for appointment of arbitrator - Plea that work contract executed between parties is not properly stamped - However, from perusal of relevant provisions of law, it is evident that on agreements sufficient stamp duty has been paid as per law prevailing at..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Application for appointment of arbitrator - Maintainability of application - Dispute regarding no, payment for construction work completed by contractor as agreed under contract - Only remedy available for contractor is to seek arbitration as per arbitration clause under the contract hence,..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of second arbitrator - Merely because, arbitrator who adjudicated the dispute has said in the order that he has no jurisdiction to entertain the application is no ground for appointment of another arbitrator...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11, 15-- Appointment of sole arbitrator - Parties consciously agreed that disputes or differences shall be referred to Managing Director himself or his nominee for sole arbitrator - Respondent participated in arbitral proceedings before arbitrator for quite some time and thereafter he cannot turn around..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 12(5)-- Appointment of Managing Director as Arbitrator - Challenge as to - Agreement between parties was entered into in 2000 and arbitration proceedings commenced way back in 2009 - Provisions of amendment Act of 2015 thus, not applicable to arbitral proceedings, which prohibits employee of one of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Constitution of India, 1950, Article 142, Arbitration and Conciliation Act, 1996, Section 11, 15-- Arbitral award passed during pendency of application filed by respondent for appointment of independent arbitrator - Arbitrator appears to have hurriedly passed the award - Respondent has made number of claims under various heads, thus he has to be given an opportunity to substantiate its claim..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 15, 16-- Arbitrator - Removal - Appointment of former employee of State as arbitrator - Objection - Act does not disqualify a former employee of State over 10 years ago from acting as an arbitrator, provided that there are no justifiable doubts as to his independence and impartiality - Even otherwise,..........

Showing : 21-30 of 279 Results