Showing : 341-350 of 1291 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 7-- Unworkable arbitration clause - Duty of Court - Held, it would be duty of Court to make same workable within permissible limits of law without stretching it beyond boundaries of recognition - In other words, a common sense approach has to be adopted to give effect to intention of parties to..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration - `Venue' and `seat' - Parties agreed that provisions of Act of 1996 would apply to arbitration proceedings - Held, by making such choice parties made curial law provisions contained in Chapters III, IV, V and VI of Act of 1996 applicable - Thus, `seat' of arbitration would be in India..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 7-- Seat of arbitration - Held, it would be rare for law of arbitration agreement to be different from law of seat of arbitration...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration - `Venue' and `seat' - - Held, even though venue of arbitration proceedings has been fixed in London, it cannot be presumed that parties have intended seat to be also in London - In an International Commercial Arbitration, venue can often be different from seat of arbitration - In such..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 45-- Arbitration agreement - New York Convention - Reference of dispute - Held, in case of arbitrations covered by New York Convention, Court can decline to make reference of dispute covered by arbitration agreement only if it comes to conclusion that arbitration agreement is null and void, inoperative..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34, 2(1)(e)-- Arbitral award - Setting aside - Initiation of proceedings u/s.34 of the Act of 1996 before original side of High Court of Bombay by respondent - Held, not violated mandate of S.2(1)(e) of the Act according to which only High Court of Bombay was exclusively the competent Court (under its "ordinary..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 16-- Arbitral award - Setting aside - Applicability of S.16 CPC - Controversy between parties does not pertain to recovery of immovable property, partition of immovable property, foreclosure sale or redemption of immovable property, determination of any other right to immovable property, for..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Question of jurisdiction - Held, it is a pure question of law and needs to be adjudicated only on the basis of statutory provisions...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 42-- Arbitral award - Setting aside - Held, disputes arising out of same arbitration agreement, arbitral proceeding or arbitral award would not be adjudicated upon by more than one Court even though jurisdiction to raise such disputes may legitimately lie before two or more Courts...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34, 2(1)(e)-- Arbitral award - Setting aside - Proceedings initiated by appellants before District Judge and proceedings initiated by respondent on "ordinary original civil side" of High Court of Bombay were filed on same day - Held, matters to be adjudicated on "ordinary original civil side" by High Court of..........

Showing : 341-350 of 1291 Results