Showing : 421-430 of 1218 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitrator - Appointment - Power to appoint arbitrator includes the power to specify terms and conditions also which includes the fees payable to the arbitrator/s, after hearing the parties and if necessary after ascertaining the fee structure from the prospective Arbitrator/s - This will avoid..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 31(8)-- Arbitration - Costs - The explanation to S.31(8) of the Act makes it clear that `costs' means reasonable costs relating to (i) the fees and expenses of the arbitrators and witnesses, (ii) legal fees and expenses, (iii) any administration fees of the institution supervising the arbitration, and..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 11(5)-- Arbitrator - Appointment - In case final settlement was reached amicably between the parties even by making certain adjustments and without any misrepresentation or fraud or coercion, then, acceptance of money as full and final settlement/issuance of receipt or vouchers etc. would conclude the..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 2(2)-- Arbitration proceedings - Applicability of law - Parties specifically agreed that arbitration proceedings would be conducted at Singapore in accordance with Singapore International Arbitration Centre Rules - Held, proper law of agreement would not be applicable - SIAC Rules would be applicable to..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 42,37-- Arbitration proceedings - Applicability of - Parties specifically agreed that once arbitrator was appointed and arbitral proceedings commenced SIAC Rules became applicable - Held, S.42 was applicable at pre-arbitral stage when arbitrator had not been appointed - S.42 and for that matter Part I of..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 24, Arbitration and Conciliation Act, 1996, Section 34-- Proceeding - Meaning of - Held, expression "proceeding" referred to in S.24 of the Code can relate to some action going on in a court in relation to the adjudication of a dispute other than a suit or appeal - Hence a petition u/s 34 of the Act pending in a court is a "proceeding" as understood in..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitrator - Appointment - Arbitrator can be appointed only if there is an arbitration agreement in regard to the contract in question - If there is an arbitration agreement in regard to contract `A' then arbitrator cannot be appointed when there is dispute in regard to contract `B'...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitrator - Appointment - Arbitration agreement - Serious allegations of fraud, forgery and fabrication - Existence of a valid and enforceable arbitration agreement is a condition precedent for appointment of an arbitration - When serious allegations of fraud and fabrication are made, it is not..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitrator - Appointment - Arbitration agreement - Serious allegations of fraud, forgery and fabrication - Where agreements have been performed in part, such a contention not to be entertained - It is only in a very few cases, where an agreement had not seen the light of the day and suddenly..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration Act, 1940, Section 32,33, Contract Act, 1872, Section 17-- Arbitral award - Award allegedly obtained by fraud - If award was not genuine, but was collusive and sham, Court will not and in fact can not make it a rule of Court...........

Showing : 421-430 of 1218 Results