Showing : 191-200 of 771 Results

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, 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..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 15(2)-- Substitute arbitrator - Procedure agreed upon by parties for the appointment of original arbitrator is equally applicable to appointment of a substitute arbitrator, even if agreement does not specifically say so, as this is mandate of S.15(2) of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 15(2)-- Substitute arbitrator - Where mandate of an arbitrator terminates, a substitute arbitrator `shall' be appointed subject to terms of arbitration agreement - Unless it is clear that an arbitration agreement excludes either expressly or by necessary implication the substitution of an arbitrator,..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 15(2)-- Substitute arbitrator - There is nothing in clause 8 of consent terms that resignation of retired Supreme Court Judge would lead to her vacancy not being supplied - Said clause not indicates that confidence of parties was in only the named arbitrator and in nobody else - Appointment of substitute..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 15(2)-- Substitute arbitrator - High Court disposed of suit between parties by recording settlement in consent terms and referred the remaining disputes to arbitration - High Court applied its mind to consent terms as a whole and appointed retired Supreme Court judge as arbitrator for the dispute which..........

Showing : 191-200 of 771 Results