Showing : 381-390 of 1291 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitration agreement and arbitration proceedings - Distinction - Where the parties had agreed that the procedure for the arbitration would be governed by the ICC Rules, the same would necessarily include the appointment of an Arbitral Tribunal in terms of the Arbitration Agreement and the said..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Arbitrator - Appointment - Application u/s 11(6) of the Act not to be decided as a suit - Only the preliminary issues are to be decided such as jurisdiction to entertain the application, the existence of a valid arbitration agreement, whether a live claim existed or not, for the purpose of..........
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 - Appointment - Chief Justice or the designated Judge can also decide whether the claim was dead one or a long-barred claim - However, it is not imperative for the Chief Justice or his designate to decide the questions at the threshold - It can be left to be decided by the Arbitral..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Arbitrator - Appointment - Disputed questions of fact like service of notice etc. are best left to the arbitral tribunal to decide...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside of - Scope of interference - Held, normally scope of interference with respect to an award passed by an arbitrator is very limited - Award can be set aside only if it attracts any of the grounds enumerated in S.34 of the Conciliation Act, 1996 - But that pre-supposes..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside of - Arbitrator held only hearing and on that date itself appellant filed his reply - No points for settlement or issues were framed - Appellant was not given opportunity to cross-examine witnesses - He was denied opportunity to produce evidence - Held, complete go..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Co-operative Societies Act, 1961, Section 56, Arbitration and Conciliation Act, 1996, Section 34, Punjab Courts Act, 1918, Section 24-- Arbitral award - Challenge to - Award passed by arbitrator appointed u/s.56 of the Co-operative Societies Act - Held, appellant has remedy to file an application u/s 34 of the Arbitration Act, 1996 before District Judge against said award...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Demand to appoint arbitrator - Failure to appoint arbitrator till filing of application u/s 11(6) of the Act - Such a party forfeits its right to appoint an arbitrator - Court should exercise its jurisdiction u/s 11(6) of the Act - Appointment of arbitrator by such a party during pendency of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151-- Arbitral award - Challenge thereto - Exercise of inherent powers - Held, once a decree is passed the award becomes final and it cannot be challenged by any procedure other than by resort to Arbitration Act - Court has no inherent power in such a situation...........

Showing : 381-390 of 1291 Results