Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Scope of inquiry at the stage of S.11 of the Act is extremely limited and only pertains to an examination about prima facie existence of an arbitration agreement - Judicial non-interference in arbitration process is sacrosanct principle which guides alternative dispute resolution and Courts..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Arbitration agreement - Letter of Intent (LOI) does not in and of itself, create a legal relationship or contractual obligations until there is a clear, unambiguous final acceptance by parties - LOI is to be followed by a final award or a concluded agreement, it cannot be said that letter..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Arbitration agreement - Arbitration clause contained in Tender documents could not be said to have been incorporated in LOI to evince existence of an arbitration agreement between parties on its conjoint reading with Tender documents - There is no mention of any arbitration or dispute..........
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 29A(4) -- Arbitral award - Extension of time for making award - S.29-A of the Act does not in terms, bar an application for extension of mandate of an arbitrator in the event of delivery of an award...........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making award - Application u/s 29-A(5) of the Act for extension of mandate of arbitrator is maintainable even after expiry of time u/s 29-A(1), (3) of the Act and even after rendering of an award during that time - Such an award is ineffective and unenforceable - But the power..........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making award - While considering application Court will examine if there is sufficient cause for extending the mandate and in the process, it may impose such terms and conditions as the situation demands - Court will also take into account other factors such as reduction of fee..........
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 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 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...........
