Showing : 181-190 of 798 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 2(f)-- International commercial arbitration - Two arbitration agreements - American company along with two Indian companies is a party to both the agreements - Both the agreements thus became an international commercial arbitration within the meaning of S.2(f) of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 45-- Arbitration agreement - Suit for declaration and permanent injunction - Once it is found that agreement in question is a legal and valid agreement, which is capable of being performed by parties to suit, Court has no discretion but to pass an order by referring the parties to arbitration in terms..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9, Arbitration and Conciliation Act, 1996, Section 9-- Jurisdiction of civil Court - Trust deed - Disputes relating to trust, trustees and beneficiaries arising out of Trust Deed and Trust Act are not capable of being decided by arbitrator though private arbitration despite existence of arbitration agreement to that effect between parties - Such..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 11, 7-- Appointment of arbitrator - Dispute as to Trust deed - Trust deed cannot be construed as an arbitration agreement despite containing an arbitration clause therein, as it does not satisfy the requirements of Ss.2(b), 2(h), 7 of the Act - Trustees or beneficiaries are only required to carry out the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 4, 34-- Extenstion of time - Court has appointed arbitrator and given 4 months time to decide controversy - After expiry of period of 4 months, both parties continued to participate in arbitration proceedings - Award came to be passed in essence that there is implied consent of parties to jurisdiction of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 11(5), 11(9)-- Appointment of sole arbitrator - Dispute as to `Buyers agreement' - Dispute arises in relation to agreement between parties and said dispute could be resolved only by arbitration - Incidental questions arising in between parties can only examined by arbitrator - Moreover, when arbitration..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of arbitrator - Pre-mature application - Clause 63 of Agreement between parties allowing 60 days time to Railways to respond to the demand of contractor for arbitration by sending a panel - However, respondent contractor without waiting for the said 60 days filed application u/s 11 of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Limitation Act, 1963, Section 14, Arbitration and Conciliation Act, 1996, Section 34(2)-- Applicability of S.14 of 1963 Act - S.14 of Limitation Act, applies to S.34(3) of Arbitration Act...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 34(2), Limitation Act, 1963, Section 14-- Arbitration award - Objections - Exclusion of time u/s 14 of Limitation Act - Time consumed for pursuing remedy u/s 11 of the Arbitration Act - Filing of an application u/s 11 of Arbitration Act is totally different than to file an application u/s 34(2) of Arbitration Act - One is at the stage of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 11(5), 11(12)-- Appointment of sole arbitrator - Service Provider Agreement (SPA) - Dispute between parties in relation to agreement and settlement of said dispute by way of arbitration not disputed - Question as to whether petitioner has provided the services under the agreement and if so whether said services..........

Showing : 181-190 of 798 Results