Showing : 231-240 of 759 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 31(3)-- Arbitration award - Speaking award - S.31(3) of Act obliges arbitral tribunal to state the reasons upon which it is based unless parties have agreed that no reasons be given or arbitral award is based on consent of parties...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitration award - Agreement alleged to be not legal, valid and enforceable and that the same was one sided agreement and further that clause 14 of agreement which deals with termination of agreement by conduct of parties is overlooked - Held, these points were never urged before Single Judge or..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitration award - Court not to reappraise material on record and substitute its own view in place of Arbitrator's view - Where there is an error apparent on face of record or Arbitrator has not followed statutory legal position, then and then only it would be justified in interfering with the..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - Even if arbitration agreement specifically provide for any particular qualification(s) of an arbitrator the same does not denude the power of Court acting u/s 11(6) of the Act, in an appropriate case, to depart therefrom...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - In a situation where procedure and process under the Act has been rendered futile, power of Court to depart from agreed terms of appointment of arbitrators must be acknowledged...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 11(6)- - Appointment of Arbitrator - Application rejected on the ground that no arbitration agreement exists - Subsequently parties have filed joint application showing name of arbitrator mutually agreed between them - Impugned order set aside and matter referred to arbitration...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 5, 16-- Void agreement - Arbitration clause - Concept of severability - Held, arbitration clause survives even if main contract is void - Court can refer disputes to arbitration - Court ought to decline reference to arbitration only where Court can reach conclusion that contract is void on a meaningful..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 8, 11-- Arbitral dispute - Reference to arbitration - Held, whenever a contract is said to be void-ab-initio, Courts exercising jurisdiction u/s 8 and S.11 of the Act of 1996 not debarred from referring disputes to arbitration...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- English Arbitration Act, S.3 - Judicial seat - Parties have consensually provided that arbitration agreement will be governed by English law - Parties understood that arbitration law of England would be applicable to arbitration agreement - Term `judicial seat' is specifically defined in S.3 of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996- - Part I, English Arbitration Act, S.3 - Juridical seat - Applicability of law - Parties have consensually provided that arbitration agreement will be governed by English law - Arbitration agreement has to be governed by laws of England - Juridical seat of arbitration is in London - Held, it cannot..........

Showing : 231-240 of 759 Results