Arbitrator -- Ought not to have defended arbitration award passed by him in the subsequent judicial proceedings...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Partnership Act, 1932, Section 19, 22 -- Eviction petition - Non-payment of rent - Assessment of provisional rent - Arbitration award relied upon by respondent it cannot be said that Arbitrator has determined rate of rent at Rs.8000/- per day - Moreover, landlady is not a party to arbitral award - Even..........
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 36, 34 -- Jurisdiction of Civil Court - Objection against execution of arbitral award - There is no scope for entertaining objection involving execution proceeding particularly in absence of challenge to arbitral award u/S. 34 of the Act...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objection - Dismissal of objections - Arbitrator awarded interest on amount payable on account of delayed payment of final bill Clause in arbitration agreement reflect that arbitrator shall not award interest to parties on any of items of contract agreement executed in between parties, if arbitrator..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Courts should not interfere with an award merely because an alternative view of facts and interpretation of contract exists - Courts needs to be cautious and should defer to the view taken by Arbitral Tribunal even if reasoning provided in award is implied unless such award portrays..........
Arbitration and Conciliation Act, 1996, Section 31(3) -- Arbitration award - Reasons in support thereof - Mandate of S.31(3) of the Act, is to have reasoning which is intelligible and adequate and which can in appropriate cases be even implied by Courts from a fair reading of award and documents referred to thereunder, if need be - However, provision does not require..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - When High Court concluded that there was no reasoned award, then award ceased to exist and Court was functus officio u/s 34 of the Act, for hearing challenge to award under provisions of S.34 of the Act and comes to a conclusion that arbitration award was not in terms of agreement, in..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Work contract - Tribunal though dealt with claims separately under different sub headings, but award is confusing and has jumbled contention, facts and reasoning without appropriate distinction - From perusal of award, inadequate reasoning and basing award on approval of respondent..........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(1), Arbitration and Conciliation Act, 1996, Section 31, 34 -- Award - Limitation to raise a challenge to award - Starts running only from date when a copy of award is delivered to/received by aggrieved party...........
Arbitration and Conciliation Act, 1996, Section 34, 37, Commercial Courts Act, 2015, Section 13(1), Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10 -- Arbitration award setting aside - Rejection of plaint on ground of jurisdiction - There is no adjudication u/s.34 of Act, 1996 - Special Commercial Court allowed an application..........
