Showing : 281-290 of 791 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996- - Interpretation of statute - Held, S.11 uses similar phraseology as Art.11, UNCITRAL Model Law - Same can be used as legitimate aid to interpret S.11, including S.11(6)...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of third arbitrator - Held, when CJI exercises his jurisdiction u/s.11(6) he is to be guided by provisions contained in the Act of 1996 and generally accepted practices in other international jurisdictions - CJI would also be anxious to ensure that no doubts are cast on neutrality,..........
KERALA HIGH COURT
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 20-- Place of arbitration - (i) Parties are free to agree on the place of arbitration notwithstanding the fact that no part of cause of action has arisen within its jurisdiction; (ii) Place of arbitration can also be determined by the Arbitrator in the absence of any agreement between the parties in..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 31(7)-- Arbitration - Interest - Agreement between parties that no interest shall be payable - Arbitral Tribunal cannot award interest between the date when the cause of action arose to the date of award...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 8-- Eviction proceedings - Reference to arbitration - Permissibility - Held, Rent Controller are statutory authorities set up for purpose of adjudicating landlord-tenant disputes - Jurisdiction of these adjudicators cannot be by passed by an arbitration intervention through provisions of Arbitration..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34, 4, 16(2)-- Arbitration award - Jurisdiction - Objection with regard to competence/jurisdiction of Arbitral Tribunal not raised before Arbitrator - Objection to jurisdiction deemed to be waived - Cannot be raised for the first time in Court...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 7-- Seat of arbitration - Held, it would be rare for law of arbitration agreement to be different from law of seat of arbitration...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration - `Venue' and `seat' - - Held, even though venue of arbitration proceedings has been fixed in London, it cannot be presumed that parties have intended seat to be also in London - In an International Commercial Arbitration, venue can often be different from seat of arbitration - In such..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 7-- Seat of arbitration - Jurisdiction of Court - Held, once seat of arbitration has been fixed in India, it would be in the nature of exclusive jurisdiction to exercise supervisory powers over arbitration...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitrator - Existence of dispute is essential for appointment of an arbitrator - Mere failure or inaction to pay does not lead to the inference of existence of dispute - When claim is denied on many grounds then it would be inappropriate to say that there was inaction or mere denial...........

Showing : 281-290 of 791 Results