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Results of arbitration s 34

Showing : 51-60 of 243 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Arbitration and Conciliation Act, 1996, Section 9, 20, 34, 36, 42, Micro Small and Medium Enterprises Development Act, 2006, Section 18, Civil Procedure Code, 1908, Section 20 -- Enforcement - Proceedings are to be initiated where defendants reside or carrying on his business or cause of action arise within local limits...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

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...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

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...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Escalation - Fluctuation of market rates not a sufficient ground to entertain a claim for escalation as per rates executed in the agreement - However, Arbitrator arrived at the conclusion that escalation of rates in question was based on statutory notification issued by Central..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Tender - Escalation claim - Signing of `No Claim Certificate' - Where claimant had signed `No Claim Certificate' for getting the payment of undisputed portion of final bills, payment of said final bills in no way affects the escalation claim of claimant based on statutory increase made by Central..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Arbitration and Conciliation Act, 1996, Section 34(4) -- Arbitral award - Setting aside - No power has been invested by Parliament in the Court to remand the matter to Arbitral Tribunal except to adjourn the proceedings for limited purpose mentioned in S.34(4) of the Act - Said limited discretion available to Court can be exercised only upon a written application made in..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Arbitration and Conciliation Act, 1996, Section 34(3) -- Arbitration award - Setting aside - Delay - Order passed by Single judge on application for condonation of delay in filing petition for setting aside arbitral award - Remedy of Letters Patent Appeal against said order is not available...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Limitation - Arbitral award has to be assailed within a period of 3 months - Where after, condonation of delay is permissible only for a further period of 30 days - Delay beyond the period of 3 months 30 days is not condonable...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Condonation of delay - Delay of 5 years and 8 months in assailing the award - Delay beyond period of 3 months 30 days not condonable - Delay not condoned - However, appeal dismissed with exemplary cost quantified at Rs.5 lakhs on account of abuse of judicial process...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Parties choose and agreed to arbitration being conducted outside India - Arbitration was in fact held outside India - There is thus clear exclusion of Part-I of the Act - Award passed outside India cannot be challenged in India by filing application u/s 34 of the Act...........

Showing : 51-60 of 243 Results