Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 12(2) -- Return of plaint - Lack of pecuniary jurisdiction - Commercial dispute - Specific value in an arbitration of a commercial dispute is less than pecuniary jurisdiction stipulated u/s 5(2) of Delhi High Court Act r/w S.12(2) of CC Act - Plaint ordered to be returned to Court of..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Court has no jurisdiction to modify award u/s 34 of the Act...........
Arbitration and Conciliation Act, 1996, Section 37 -- Arbitral award - Court u/s 37 of the Act has only three options: (a) Confirming the award of Arbitrator; (b) Setting aside the award as modified u/s 34 of the Act; and (c) Rejecting the applications u/ss 34, 37 of the Act...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Work contract - Arbitrator not only referred to and considered the materials on record in their entirety but also, after due application of mind, assigned reasons for arriving at its conclusion by awarding 9 claims out of 11 - During arbitral proceedings none of parties raised any objection to..........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Arbitral award - Any award of an arbitrator or a tribunal that seeks to overreach a binding judicial decision does conflict with fundamental public policy and cannot therefore, sustain...........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Arbitral award - Claim related to loss of profit, profitability or opportunities to succeed - Conditions to be satisfied are : (i) There was delay in completion of contract; (ii) such delay is not attributable to the claimant; (iii) the claimant's status as an established contractor, handling substantial projects;..........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Claim for damages - Whether general or special, cannot as a matter of course result in an award without proof of the claimant having suffered injury...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Jurisdiction u/s 34 of the Act will not be exercised merely because an alternative view on facts and interpretation of contract exists...........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - While exercising jurisdiction u/s 37 of the Act, Court is concerned about jurisdiction that S.34 of the Act exercised while considering challenge to arbitral award - Question of reinterpreting the contract on an alternative view does not arise...........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Arbitral award - Modification of award is not permissible under the Act...........
