Arbitration and Conciliation Act, 1996, Section 11(6), (6A) -- Appointment of arbitrator - Pre-referral jurisdiction of Courts u/s 11(6) of the Act is very narrow and inheres two inquiries i.e. : (i) primary inquiry is about existence and validity of an arbitration agreement, which also includes an inquiry as to parties to agreement and applicant's privity to said..........
Arbitration and Conciliation Act, 1996, Section 11(6), (6A) -- Appointment of arbitrator - Pre-referral jurisdiction of Court - Referral Court has not pronounced anything finally on existence and validity of arbitration agreement which ought to have been done by referral Court - Order passed by High Court referring disputes to arbitration quashed - Matter remanded for..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Non-existence of arbitration agreement in relation to entire subject matter of suit - Except principle agreement none of agreements contained any arbitration clause even if they relate to same property - More so, substantive reliefs claimed in the suits fall outside the arbitration..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Arbitration award under Uniform Domain Name dispute Resolution Policy (UDNRP) - Rule 4(k) and 18 of UDNRP does not prohibit the proceedings of Civil Court - Rejection of application U.O.7.R.11 CPC by trial Court, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11, Arbitration and Conciliation Act, 1996, Section 8 -- Rejection of plaint - Arbitration agreement - As arbitration agreement is applicable to the subject matter of dispute as such trial Judge was justified in referring the dispute to arbitration...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Pre-referral jurisdiction of Courts u/s 11(6) of the Act is very narrow and inheres two inquiries i.e: (i) primary inquiry is about existence and validity of an arbitration agreement, which also includes an inquiry as to parties to agreement and applicant's privity to said agreement; (ii)..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Supreme Court or High Court, as the case may be, while exercising jurisdiction u/s 11(6) of the Act, is not expected to act mechanically merely to deliver a purported dispute raised by an applicant at the doors of chosen arbitrator...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Standard of scrutiny to examine the non-arbitrability of a claim is only prima facie - Referral Courts must not undertake a full review of the contested facts, they must only be confined to a primary first review...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Claims sought to be submitted to arbitration were raised as afterthought - Plea of coercion and economic duress leading to settlement agreement is an afterthought - High Court committed error in allowing application u/s 11(6) of the Act - Order of High Court set aside...........
Arbitration and Conciliation Act, 1996, Section 34(3), Limitation Act, 1963, Section 4 -- Arbitral award - Setting aside - Application filed after expiry of 120 days - Benefit of S.4 of Limitation Act - Prescribed period of 3 months for filing application u/s 34(3) of 1996 Act has already expired - Discretionary period of 30 days u/s 34(3) Proviso of 1996 Act falls on a..........
