Showing : 1-10 of 228 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 12(5)-- Appointment of arbitrator - Challenge as to - Where a person becomes ineligible to be appointed as an arbitrator, there is no question of challenge to such arbitrator, before such arbitrator - His mandate automatically terminates and he shall then be substituted by another arbitrator u/s 14(1) of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 12(5)-- Appointment of arbitrator - Challenge as to - Managing Director of appellant could not have acted as an arbitrator himself being rendered ineligible to act as arbitrator, as there is arbitrator's relationship with parties, consequently any appointment made by him would be null and void - There is..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of sole arbitrator - Dispute arisen between parties emanating from partnership deed - Both the partnership agreements are between same parties and have identical arbitration clause - Retired Judge of Himachal Pradesh appointed as Sole Arbitrator subject to declaration being made u/s 12..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11, 15-- Appointment of sole arbitrator - Parties consciously agreed that disputes or differences shall be referred to Managing Director himself or his nominee for sole arbitrator - Respondent participated in arbitral proceedings before arbitrator for quite some time and thereafter he cannot turn around..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 12(5)-- Appointment of Managing Director as Arbitrator - Challenge as to - Agreement between parties was entered into in 2000 and arbitration proceedings commenced way back in 2009 - Provisions of amendment Act of 2015 thus, not applicable to arbitral proceedings, which prohibits employee of one of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Constitution of India, 1950, Article 142, Arbitration and Conciliation Act, 1996, Section 11, 15-- Arbitral award passed during pendency of application filed by respondent for appointment of independent arbitrator - Arbitrator appears to have hurriedly passed the award - Respondent has made number of claims under various heads, thus he has to be given an opportunity to substantiate its claim..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 15, 16-- Arbitrator - Removal - Appointment of former employee of State as arbitrator - Objection - Act does not disqualify a former employee of State over 10 years ago from acting as an arbitrator, provided that there are no justifiable doubts as to his independence and impartiality - Even otherwise,..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - Challenge as to - Any challenge regarding appointment of arbitrator as per terms of agreement between parties must be viewed in context of agreement between the parties...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 11(6), 26-- Appointment of arbitrator - Challenge as to - Applicability of Amendment Act, 2015 - Arbitration proceedings commenced way back in 2013, much prior to coming into force of Amendment Act, 2015, therefore, provision of amended Act, 2015 cannot be invoked as Amendment Act, 2015 apply in relation to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 11(6), 26-- Appointment of arbitrator - Challenge as to - Applicability of Amendment Act, 2015 - General conditions of contract cannot be taken to be agreement between parties so as to apply provisions of amended Act...........

Showing : 1-10 of 228 Results