Arbitration and Conciliation Act, 1996, Section 11(6), 26 -- Appointment of arbitrator - Challenge as to - Applicability of Amendment Act, 2015 - General conditions of contract cannot be taken to be agreement between parties so as to apply provisions of amended Act...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Challenge as to - Arbitrator appointed as per agreement and as per provisions of law - Once arbitrator is appointed at instance of government/as per agreement, then arbitration agreement cannot be invoked for second time...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of sole arbitrator - Challenge as to - When parties have specifically agreed for appointment of sole arbitrator, then no party has right to approach High Court seeking appointment of independent arbitrator...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of sole arbitrator - Dispute between government company and State through its authority Maharashtra Housing and Area Development Authority (MHADA) - Dispute between parties not resolved by mutual hearing - Keeping in view the nature of controversy, status of parties and mandate contained in O.27.R.5 CPC,..........
Arbitration and Conciliation Act, 1996, Section 11(9) -- Appointment of arbitrator - Breach of agency agreement - Agreement contained a arbitration clause meant for determination of dispute by arbitration - Dispute between parties have arisen due to breach of agency agreement which remained unsettled - Former Judge of Supreme Court appointed to act as arbitrator to..........
Arbitration and Conciliation Act, 1996, Section 11(5) -- Appointment of arbitrator - Arbitration clause agreeing to refer dispute to adjudicator or Courts - There is an option and petitioner invoked arbitration clause - Sole arbitrator appointed...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Clause in agreement that there will be no arbitration in case insurance company disputes or does not accept the liability under or in respect of policy - To put it differently, an arbitration clause would enliven or invigorate only if insurer admits or accepts its liability under or in..........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Arbitration clause - Required to be strictly construed - Any expression in clause must unequivocally express the intent of arbitration - If a clause stipulates that under certain circumstances there can be no arbitration and they are demonstrably clear then controversy pertaining to appointment of..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Industrial Fire risk policy - Arbitration clause - Clause in policy specifically stated that if insurer disputed or not accepted liability, no difference or dispute shall be referred to arbitration - Insurance company repudiated the claim by denying to accept liability - No inference can..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Concession agreement - Dispute regarding default in releasing payment to petitioner company by respondent company - Arbitration clause exists in agreement - Former Judge of Supreme Court appointed as sole arbitrator to adjudicate disputes between parties...........
