Arbitration and Conciliation Act, 1996, Section 7, 8 -- Arbitration agreement - Should be in regard to the current dispute between the parties or the subject matter of the suit - An arbitration agreement with reference to some other transaction/contract to which plaintiff was or is a party, unconnected with the transactions or contracts to which a suit relates, cannot be..........
Consumer Protection Act, 1986, Section 3, Arbitration and Conciliation Act, 1996, Section 8 -- Additional remedy - Arbitration clause - Existence of Arbitration Clause in agreement is no bar to the entertainment of the complaint by the Consumer Forum, which is an additional remedy under CP Act...........
Arbitration and Conciliation Act, 1996, Section 8, Partnership Act, 1932, Section 44 -- Partnership - Dissolution - Arbitration clause - Arbitration clause qua dispute inter se the partners - Held, such a clause does not include the dissolution of partnership deed - Question of dissolution can be decided by Arbitrator only if the arbitration clause so provides...........
Arbitration and Conciliation Act, 1996, Section 8, Partnership Act, 1932, Section 44 -- Partnership - Dissolution - Arbitration clause - Dissolution sought on just and equitable ground and not as per terms of partnership deed - Matter cannot be referred to arbitrator...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii), Arbitration and Conciliation Act, 1996, Section 8 -- Sub-letting - Arbitration clause in lease deed - Eviction petition cannot be referred to Arbitrator - Where there is a special legislation, it has to prevail - Whenever any special enactment is made governing the right of different parties, this is bound to..........
Arbitration Act, 1940, Section 8(2), 37(3) -- Reference to arbitrator - Limitation for filing a petition u/s 8(2) seeking appointment of an arbitrator cannot be confused with the period of limitation for making a claim...........
Arbitration Act, 1940, Section 8(2) -- Claim - Limitation - Limitation for a suit is calculated as on the date of filing of the suit - In the case of arbitration limitation for the claim is calculated on the date on which the arbitration is deemed to have commenced...........
Arbitration and Conciliation Act, 1996, Section 8 -- Arbitration - For applicability of S.8 of the Act it is absolutely essential that there should be an arbitration agreement between the parties - No material placed on record which can suggest that plaintiffs were parties to partnership deed or that they were party to arbitration clause - Only remedy available to the..........
Arbitration and Conciliation Act, 1996, Section 8(2) -- Application u/s 8(1) for referring matter to arbitration must be accompanied by original arbitration agreement or duly certified copy thereof - S.8(2) of the Act is mandatory - Dispute cannot be referred to arbitration in view of the fact that neither original arbitration agreement nor its certificate copy is placed..........
Arbitration and Conciliation Act, 1996, Section 8 -- Provision of S.8 of the Act is peremptory in nature - In a case where there exists an arbitration agreement, the court is under obligation to refer the parties to arbitration in terms of the arbitration agreement...........
