Arbitration and Conciliation Act, 1996, Section 34, 37 -- Award - Objections - Once the findings recorded by Arbitral Tribunal that termination of the contract was illegal is upheld and claims made by the claimants have been allowed or allowed partly, in that case, counterclaim submitted by party is liable to be rejected...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Arbitral award - Objections - Dismissal of objections on ground of delay in filling the same - Condonation of delay - Statutory period of limitation expired during summer vacations and counsel for appellant came to file the case on first day of opening of District Court after summer..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objections - Setting aside - Exparte award - Once the matter had been adjourned sine die and was taken up for hearing thereafter, it became incumbent upon Arbitrator to have issued notice regarding resumption of proceedings - Basic tenets of rules of natural justice has not been followed and exparte..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objections - Dismissal of - Period of limitation - Would be a period of 90 days from date on which copy of signed award was delivered to party - Further period of 30 days would have been made available in case, appellant had been able to give sufficient reasons for not filing objections within specified..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitration clause - Validity of invoking arbitration - Applicant not part of any Group of Companies as Parent and Subsidiary still applicant is a member of a Consortium - Consortium Agreement and Arbitration Clause binds all Consortium members and all Consortium members are bound by Arbitration agreement and..........
Arbitration and Conciliation Act, 1996, Section 34, 13(5), 16(6) -- Scope - Arbitration award - Setting aside - Proceedings u/s 34 of the Act are summary in nature - Scope of enquiry in the proceedings u/s 34 of the Act is restricted to a consideration whether any of the grounds mentioned in S.34(2) or S.13(5) or S.16(6) are made out to set aside the award - Grounds for..........
Arbitration and Conciliation Act, 1996, Section 34, 13(5), 16(6), Civil Procedure Code, 1908, Section 151 -- Arbitration award - Setting aside - Adducing evidence in an application u/s 34 of the Act - Proceedings u/s 34 of the Act are summary in nature - An application for setting aside an arbitral award will not ordinarily require anything beyond the record that was..........
National Highways Act, 1956, Section 3G(5) -- Acquisition of land - Award under the Act - Challenge as to - Award made by Land Acquisition officer under Land Acquisition Act is in nature of an offer on behalf of Government hence, cannot be challenged by Government - On the other hand scheme of National Highways Act is that amount determined by competent authority under the..........
Arbitration and Conciliation Act, 1996, Section 8 -- Acceptance of Letter of Award - Plea that arbitration clause would spring into being at the stage of Letter of Award acceptance, or it would be necessary to sign ultimate agreement which would then bring in arbitration clause contained therein - Held, not tenable - Even at stage of acceptance of Letter of Award, if..........
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 with regard to his..........
