Showing : 431-440 of 1212 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 23, 11, 21-- Arbitration proceedings - Counter-claim - Maintainability - Held, where arbitration agreement provides for referring all disputes between the parties (whether without any exceptions or subject to exceptions), arbitrator will have jurisdiction to entertain any counter claim, even though it was not..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 23, 11, 21-- Arbitration proceedings - Jurisdiction of arbitrator - Specific disputes - Held, where arbitration agreement requires specific disputes to be referred to arbitration and provides that arbitrator will have jurisdiction to decide only the disputes so referred, arbitrator's jurisdiction is controlled..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 11-- Chief Justice or his designate - Appointment of arbitrator - Held, S.11 of the Act requires Chief Justice or his designate only to appoint arbitrator - It does not require Chief Justice or his designate to identify disputes or refer them to the Arbitral Tribunal for adjudication...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Arbitration Act, 1940, Section 29, Interest Act, 1978, Section 3-- Award of interest - Contract agreement, containing arbitration clause - Dispute having arisen, matter referred to arbitrator who made award allowing compound interest - Neither S.29 of Act of 1940 or S.3 of Act of 1978 empower Court or arbitrator to award interest upon interest nor there is..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 45-- Reference to arbitration - Power of Court - Agreement assailed on grounds of being null and void on account of undue influence - Only a prima facie view has to be taken whether or not agreement is i, operative...........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Arbitration Act, 1940, Section 17,29,41(a), Civil Procedure Code, 1908, Section 34-- Arbitral award - Interest - Provision of S.34 of CPC for granting interest from date of filing of award till date of passing of decree - Applicability of - Held, S.34 of CPC is inconsistent with scope of S.29 of Act - CPC had to be applied subject to provision of Act - Interest u/s 34 can be..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 9-- Parties agreed to exclude applicability of Part I of the Act to their arbitral proceedings - Therefore, High Court at Delhi does not have jurisdiction to entertain application u/s 9 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of Chairman of Arbitral Tribunal - Arbitrators appointed by parties failed to reach consensus with regard to Chairman of Arbitral Tribunal - Supreme Court in exercise of power u/s 11(6) of the Act nominated Former Chief Justice of India as Chairman of Arbitral Tribunal...........
DELHI HIGH COURT
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 5, 16, 34, Civil Procedure Code, 1908, Order 39, Rule 1, 2- - Arbitration proceedings - Civil suit to stay - Power of Civil Court - Held, Civil Court cannot go into existence or validity of the arbitration clause nor can an injunction be granted by it restraining defendant from continuing with the arbitration proceedings initiated by it before American..........
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHANDIGARH
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 3-- Additional remedy - Arbitration clause - Complaint maintainability - Housing - Flat allotment - Dispute as to - Plea that complaint not maintainable as there is arbitration clause in the agreement repelled - Held that arbitration clause does not create any bar to the filing of a complaint in the..........

Showing : 431-440 of 1212 Results