Showing : 181-190 of 765 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitration award - Setting aside - Notice for arbitration - Issue as to rate of escalation - Work completed in the year 1997 - Work was extended several times - Claimant by his letter reserved his right to claim money later since contract was still subsisting then - Claimant raised bill in the..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10, 11, Arbitration and Conciliation Act, 1996, Section 8-- Return/rejection of plaint - Existence of arbitration agreement - Court below returned the plaint on the ground of existence of arbitration agreement ignoring the fact that defendant no.2 has no binding agreement with plaintiffs containing arbitration clause enforceable in law - No justification..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration agreement - Parties are free to agree on application of three different laws governing their entire contract - (1) proper law of contract, (2) proper law of arbitration agreement and (3) proper law of conduct of arbitration - Part I of the Act is applicable only to all the arbitrations..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration agreement - Terms of contract have to be understood in the way the parties wanted and intended them to be - In agreement of arbitration, where party autonomy is the grundnorm, how the parties worked out the agreement, is one of the indicators to decipher the intention, apart from the..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996- - Arbitration agreement - Agreement between parties that contract will be governed by prevailing law of India and in the case of arbitration, English Law would apply - It is clear that law applicable to arbitration agreement is English Law and once it is found that law governing arbitration..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 9-- Interim relief - Interest - Respondent received payment from appellant by way of interim direction on furnishing a bank guarantee - Entitlement of respondent to said payment stood negated thereafter - Respondent is liable to pay back the amount with 12% interest from the date of withdrawal till..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 7(2)-- Arbitration - Clause in work order that in case of any dispute the matter shall be referred to Chief Executive Officer, whose decision on the matter shall be final" - Held, this is not an arbitration clause - Request of appellant allowed that in view of long pendency of dispute appellant may be..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 11(5)-- Appointment of arbitrator - S.11(5) of Act cannot be invoked unless one party to arbitration agreement makes a request to the other party to appoint an arbitrator and that party fails to do so within 30 days - Instantly, no such request was ever made by respondent to appellant as such it was not..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 34, 37-- Appeal - Determination of price by Arbitral tribunal - Since price quoted by suppliers was more than price at which the same products/tools were supplied by same supplier in State, determination of lesser price by arbitral tribunal than the price agreed upon contract cannot be faulted - As..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 34, 37-- Arbitral award - Setting aside - Appeal - Determination of price by Arbitral tribunal is a question of fact - Court or even Appellate Court would not look into the finding of facts unless they are perverse - Neither Civil Court in proceedings filed before it u/s 34 of Act nor High Court in..........

Showing : 181-190 of 765 Results