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...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Merely because procedure to appoint an arbitrator provided in arbitration clause has become inoperative due to subsequent changes in statutory provisions, would not mean that core of contract referring dispute for adjudication to arbitrator is rendered nugatory - Appellant is entitled to..........
Arbitration and Conciliation Act, 1996, Section 31(7)(b) -- Arbitral award - Pendente-lite interest - Arbitral tribunal can be denuded of its power to award pendente lite interest only if contract between parties is so worded that award of pendente lite interest is either explicitly or by necessary implication barred - A clause merely barring award of interest on delayed..........
Arbitration and Conciliation Act, 1996, Section 31(7)(b) -- Arbitral award - Pendente-lite interest - Agreement between parties proscribes grant of pendente-lite interest, when read as a whole, does not expressly or by necessary implication proscribes grant of pendente lite interest by arbitral tribunal - Clause merely says that there would be no interest payable by..........
Arbitration and Conciliation Act, 1996, Section 20 -- Arbitral proceedings - Seat of arbitration - Parties agreed to submit to exclusive jurisdiction of Mumbai High Court - Though arbitration clause does not use expression seat or venue, jurisdiction is mentioned in the context of resolution of disputes through arbitration - Seat of arbitration therefore, must be taken to..........
Arbitration and Conciliation Act, 1996, Section 8 -- Permanent prohibitory injunction - Appointment of arbitrator - Once a plea of existence of arbitration clause is taken in the written statement and the defendant persists with the same and objects to the jurisdiction of the trial court to proceed ahead with the suit, then the judicial authority is left with no discretion..........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Clause in agreement that if any dispute or difference arises between partners or their respective heirs or anyone claiming from them - Therefore, legal representatives or anyone claiming through a partner is entitled to invoke arbitration clause...........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement in the first clause of agreement - In second clause it was stated that arbitration shall be optional - This does not obliterate or write off the arbitration clause...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Dispute raised regarding promises and reciprocal promises arising out of agreement - Right of renewal and revision of storage charges as well as the legality and propriety of enhanced demand arose during the subsistence of agreement - Its legality and propriety will depend on the terms of..........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Two contracts - Reference in the second contract to the terms and conditions of the first contract - A general reference would not have the effect of incorporating the arbitration clause - Impugned order appointing arbitrator set aside...........
