Showing : 1-10 of 249 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of arbitrator - Issue of limitation raised to oppose appointment of arbitrator - Said issue being jurisdictional issue cannot be decided by High Court at pre-reference stage u/s 11 of the Act - Issue of limitation be decided by arbitral Tribunal - Former Judge of Supreme Court thus,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 8-- Appointment of arbitrator - Dispute as to sharing of rent of lease space - Cl.19 of Addendum that in the event of any dispute and difference arising among parties out of, in connection with or relating to agreement will be referred to arbitration - High Court committed grave error in not referring..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of Arbitrator - Arbitration clause in partnership deed - Fraud - All allegations pertain to affairs of partnership and siphoning of funds therefrom and not to any matter in the public domain - This is a case which falls on the side of `simple allegations' as there is no allegation of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 21, 85-- Commencement of arbitral proceedings - Date on which notice was served to other party requesting appointment of an arbitrator, is the deciding factor as to whether 1940 Act applies or 1996 Act applies - In the instant case, notice was served to respondent in 2002 as such provisions of 1996 Act..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137-- Appointment of arbitrator - Limitation - Work contract - Cause of action in the case arose when final bill was handed over to respondent became due i.e on 8.2.1986 - Mere correspondence of appellant by way of writing letters/reminders subsequent to this date to respondent would not extend time of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5-- Appointment of arbitrator - Limitation - Extension of time u/s 43(3) of 1996 Act - Period during which parties were bona fide negotiating towards a amicable settlement may be excluded for purpose of computing period of limitation for reference to arbitrator - However, entire negotiable history..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5-- Appointment of arbitrator - Limitation - Extension of time - Appellant Company stated that it was involved in negotiation with respondent in 14 years preceding application before settlement committee - However, no evidence brought on record to show that they were required to proceed before..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6), 20-- Appointment of arbitrator - Jurisdiction - Parties agreed that `venue' of arbitration shall be at Bhubaneswar - Intention of parties is to exclude all other Courts - Non use of words like `exclusive jurisdiction', `only', `exclusive', `alone' is not decisive and does not make any material..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 34, 12-- Arbitral award - Setting aside - Ground of impartiality of arbitrator - Arbitrator acted as a counsel in other cases for one of parties to arbitral proceedings - He proceeds with the matter in absence of appellants without disclosing said facts as per S.12(1) of the Act, despite objection raised..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(5), 11(9), 11(12)(a)-- Appointment of sole arbitrator - Impleadment of no, signatory party to an arbitration agreement - Agreement executed between applicant and respondent no.1 having arbitration clause - Respondent no.2/Belgium Company was neither signatory to arbitration agreement nor did have any causal connection..........

Showing : 1-10 of 249 Results