Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Ground of public policy - When setting aside of award comes under ground of public policy, it would mean that award should shock conscience of Court and would not include what Court thinks is unjust on facts of case seeking to substitute its view for that of arbitrator to do what it..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Appellant awarded contract by respondent for earth excavation work - Performance of contractual obligations by appellant were dependent on reciprocal performances by respondent - Respondent failed to comply with its obligations - Accessibility to site was important part..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Illegal and unauthorised retention of security money - Claim of interest - Contract relating to upgradation and remodeling of Palika Bazar - Petitioner failed to place on record any document that there is any embargo on petitioner making any payment to respondent during pendency of..........
Arbitration and Conciliation Act, 1996, Section 34 -- Award - Objections - Application u/s 33 of the Act - Maintainability - Objections dismissed not only on ground that they were time barred but also on merits - Arbitrator dismissed application filed u/s 33 of the Act on ground that it was not maintainable u/s 33 of the Act because same was in fact for seeking review of..........
Arbitration and Conciliation Act, 1996, Section 33, 34 -- Award - Objections - Limitation - Objections filed u/s 34 of the Act is clearly barred by limitation as it was filed after more than three years of receiving copy of Award...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitration - Work contract - Quantum of interest - Rate of interest on award may vary depending upon discretion of Court and arbitrator - If not fixed by Statute or contract, it should neither be very high or very low...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Issue relating to arbitrability of dispute not raised in proceeding u/s 11(6) of the Act, neither said plea raised before Arbitral Tribunal nor before single Judge in proceeding u/s 34 of the Act - Thus, Division Bench was not justified while considering said plea for first time...........
Arbitration and Conciliation Act, 1996, Section 12(1)(b), 13 -- Appointment of arbitrator - `Ineligibility' and justifiable doubts as to the arbitrator's independence or impartiality - If arbitrator falls in any one of the categories specified in the Seventh Schedule, he becomes `ineligible' to act as arbitrator - Since such a person lacks inherent jurisdiction to proceed..........
Arbitration and Conciliation Act, 1996, Section 34, 48 -- Award of international commercial arbitration - Setting aside - An award rendered in an international commercial arbitration whether in India or abroad is subject to same tests qua setting aside u/s 34 or enforcement u/s 48 of the Act...........
Arbitration and Conciliation Act, 1996 -- Appointment of arbitrator - Challenge as to - Mere fact that arbitrator has already rendered an award in a previous arbitration between parties would not by itself, on the ground of reasonable likelihood of bias, render him ineligible to be an arbitrator in a subsequent arbitration...........
