Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Continuation of negotiations - Mere negotiations will not postpone "cause of action" for the purpose of limitation...........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Petition u/s 11(6) of the Act for seeking appointment of Arbitral Tribunal is required to be filed before High Court or Supreme Court, as the case may be and it is Art.137 of Limitation Act which would apply - Said period would begin to run..........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Claim for arbitration must be raised as soon as the cause for arbitration arises - Cause of arbitration arises when the claimant becomes entitled to raise the question, that is, when the claimant acquires right to require arbitration...........
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...........
