Showing : 341-350 of 1218 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 34-- Proceedings u/s 34 of the Act are summary in nature - Issues are not required to be framed - In respect of leading evidence CPC is not required to be followed - Court can only frame legal points for determination and afford opportunity to both the parties to lead evidence by way of affidavits -..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitral dispute - Territorial jurisdiction - Jurisdiction clause in agreement provides that agreement shall be subject to jurisdiction of Courts at Kolkata - Held, by making a provision that agreement is subject to jurisdiction of Courts at Kolkata parties have impliedly excluded jurisdiction of..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitral dispute - Territorial jurisdiction - Held, in jurisdiction clause of an agreement absence of words like "alone", "only", "exclusive" or "exclusive jurisdiction" is neither decisive nor does it make any material difference in deciding jurisdiction of Court - Very existence of jurisdiction..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 8-- Unregistered document of lease - Arbitral clause - Severance of - Held, an arbitral agreement itself does not require to be registered and consequently a clause for an arbitration in an unregistered document of lease which is required to be registered could be severed from other clauses and given..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 8-- Termination of contract - Effect on arbitral clause contained therein - Held, an arbitration clause which formed part of contract shall be treated as agreement independent of other terms of contract and hence arbitration clause continues even if contract does not continue...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
, Section 13- - Arbitration and Conciliation Act, 1996, S.8 - Ejectment petition - Lease deed - Arbitration clause - Jurisdiction of Rent Controller - Held, Rent Controller shall not be permitted to continue proceedings further when there is a clear dispute between parties of respective status - Enforceability..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 8-- Arbitral proceedings - Interference by Civil Court - Exercise of jurisdiction - Held, 1996 Act is a complete Code in itself - If an arbitral process has started, then interference by a Civil Court would still be circumscribed by width of jurisdiction that is provided under the Act itself - No..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
, Section 13, 8- - Ejectment petition - Arbitral proceedings - Objection such as that arbitrator cannot be impartial and that he is himself Director of company - Held, it is not an objection that can be brought by one of parties to arbitration through an independent suit or a petition before a Civil Court - On..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Arbitrator - Appointment - Main agreement even if declared void arbitration clause still survives...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Arbitrator appointed by one party invoking arbitration agreement and intimation thereof conveyed to the other party - It is not open to the other party to invoke S.11(6) for appointment of arbitrator - Such appointment can be challenged only u/s 13 and thereafter u/s 34 of the Act - When an..........

Showing : 341-350 of 1218 Results