Showing : 391-400 of 1212 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Arbitration Act, 1940, Section 12-- `Bias' as ground challenging appointment of arbitrator - Petitioner raised vague and general objections - No materials, much less cogent, have been placed - No sufficient reason appears on record as to why arbitrator should not have proceeded with arbitral proceedings - Held, test of reasonable..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Arbitration Act, 1940, Section 5,11,12-- Principle of Natural Justice - Once the dispute is referred to arbitrator, then arbitrator has to act fairly and objectively and proceedings must meet the requirements of principles of natural justice...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - Once a party files an application u/s 11(6) of the Act, other party extinguishes its right to appoint an arbitrator in terms of agreement...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 11-- Request by one party to the other for appointment of arbitrator - Failure to appoint arbitrator - Court appointing arbitrator - Held, once there is failure to appoint arbitrator then that party cannot say that Court ought to have given an opportunity to nominate its arbitrator...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 34(3), Limitation Act, 1963, Section 4-- Arbitration award - Setting aside - Limitation - Three months - Court can entertain application within further period of 30 days - If Court remains closed when period of 30 days expires then application to set aside arbitration award cannot be filed on the day Court opens - S.4 Limitation Act is..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Consumer Protection Act, 1986, Section 3, Arbitration and Conciliation Act, 1996, Section 8-- Arbitration clause - Does not oust the jurisdiction of Consumer Forum - If a complaint is filed under the Consumer Act in the first instance then a consumer cannot be denied relief by invoking S.8 of Arbitration and Conciliation Act, 1996...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of arbitration - Independent arbitrator - Power of Chief Justice/Designate - Held, it is true that in normal circumstances while exercising jurisdiction u/s 11(6), Court would adhere to terms of agreement as closely as possible - But if circumstances warrant, Chief Justice or nominee..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 405,406,420-- Prosecution for an offence under the agreement - Arbitration clause in agreement for referring the dispute to arbitration - Held, arbitrator cannot conduct a trial of any act which amounts to an offence albeit the same act may be connected with the discharge of any function under the agreement...........
KERALA HIGH COURT
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 8-- Appointment of arbitrator - Ordinary Civil Court cannot be approached for mere purpose of appointing an arbitrator - Court gets jurisdiction to refer the parties to arbitration (where there is an arbitration agreement) only if an action is pending before the Court...........
KERALA HIGH COURT
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 9-- Application u/s 9 - Civil court while disposing of an application u/s 9 can avail of auxiliary or incidental powers98 which are at its disposal under CPC...........

Showing : 391-400 of 1212 Results