Showing : 51-60 of 237 Results

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 - 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..........
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..........
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..........
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..........
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..........
DELHI HIGH COURT
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 34, Sale of Goods Act, 1930, Section 64A-- Setting aside of award - Increase in price of diesel - No escalation clause in contract - Rejection of claim - Arbitrator overlooked S.64-A of Sale Of Goods Act - Increase in price of diesel which was a statutory increase had to be compensated - Award set aside - Cost compensated...........
DELHI HIGH COURT
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 31(3), 34-- Setting aside of award - Excepted matters - Arbitrator declined to adjudicate the claims on the ground that the matter is excepted matters without giving any reasons - Award held, to be in conflict with public policy and is hereby set aside...........

Showing : 51-60 of 237 Results