Arbitration and Conciliation Act, 1996, Section 29A(6) -- Substitution of Arbitrator - There will be no substitution of an Arbitrator as an inevitable consequence, when Court is considering extension of mandate that has already expired - Arbitrator will be substituted if situation so warranted...........
Arbitration and Conciliation Act, 1996, Section 34, 11 -- Arbitral award - Challenge as to - Once Court while adjudicating application u/s 11 of the Act gave a finding of existence of a valid arbitration agreement, right or wrong that decision should bind the parties when they have not challenged the same and even also be bound during subsequent stages of proceedings which..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Non-arbitrable agreement - When an allegation of fraud is made with regard to arbitration agreement itself, such a dispute is generally recognised as a dispute in the realm of non-arbitrability - Court will examine it as a jurisdictional issue only to enquire whether dispute has become..........
Arbitration and Conciliation Act, 1996, Section 8, 11 -- Applications u/ss 8, 11 of the Act - Prima facie satisfaction recorded by High Court regarding doubtful existence of arbitration agreement is a relevant consideration while examining applications u/ss 8, 11 of the Act...........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making award - Civil Court can entertain application u/s 29-A for extension of time of an arbitral tribunal if High Court u/s 11(6) of the Act has appointed arbitrator...........
Arbitration and Conciliation Act, 1996, Section 29A, 2(1)(e) -- Expression - "Court" in S.29-A of the Act accorded the meaning assigned to it u/s 2(1)(e) of the Act...........
Arbitration and Conciliation Act, 1996, Section 42 -- Jurisdiction of Court - Solely because a superior Court appoints arbitrator or issues directions or has retained some control over arbitrator, it cannot be regarded as a `Court' of first instance for purposes of S.42 of the Act...........
Arbitration and Conciliation Act, 1996, Section 21 -- Commencement of arbitral proceedings - Failure to issue notice u/s 21 of the Act, would not be fatal to a party in arbitration if claim is otherwise valid and disputes arbitrable...........
Arbitration and Conciliation Act, 1996, Section 23 -- Arbitration proceedings - Statements of claim and defence - When Arbitral Tribunal is constituted claimant is required to file statement and respondent to file his defence statement with counter claim, if any, before arbitrator - Claimant is not bound to restrict his statement of claim to claims raised by him in notice..........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Mere use of word "Arbitration" in title of clause without any corresponding substantive part relating to arbitration could not be considered a valid arbitration agreement u/s 7 of the Act...........
