Showing : 1-10 of 237 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 34, 37-- Award - Objections - Award passed by the Arbitral Tribunal can be interfered with in the proceedings u/ss 34 & 37 of the Act only in a case where the finding is perverse and/or contrary to the evidence and/or the same is against the public policy...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 34, 37-- Award - Objections - Arbitral Tribunal is the master of evidence and the findings of fact which are arrived at by arbitrators on the basis of the evidence on record are not to be scrutinized as if the Court was sitting in appeal...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 34-- Award - Objections - Even when the view taken by the arbitrator is a plausible view, and/or when two views are possible, a particular view taken by Arbitral Tribunal which is also reasonable should not be interfered with in a proceedings u/s 34 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 14-- Petition u/s 34 of Act of 1996 - Return of petition for representation in proper Court - Delay of 8 days in representation - Extension of time be sought from Court ordering return of petition - However, application u/s 14 of Act of 1963 filed in Court where petition was represented - Condonation..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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 -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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 before the arbitrator - However, if..........

Showing : 1-10 of 237 Results