Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Arbitral Tribunal on appreciation of entire evidence on record specifically observed that contractor failed to complete work even within stipulated extended period of time and even abandoned work - Construction company therefore, was justified in rescinding the contract..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Interest on advance for hypothecation of equipment - Once it was found that advance amount was paid for hypothecation of equipment and thereafter when Arbitral Tribunal awarded interest on advance for hypothecation of equipment, same was not required to be interfered with..........
Arbitration and Conciliation Act, 1996, Section 34(2)(a) -- (Prior to amendment) - Arbitral award - Arbitration proceedings commenced and even award was declared prior to amendment of S.34(2)(a) of the Act - It is pre-amendment of S.34(2)(a) of the Act shall be applicable...........
Arbitration and Conciliation Act, 1996, Section 34(2)(a) -- (Prior to amendment) - Arbitral award - Evidence by way of affidavit - Person may not be permitted to file affidavit by way of evidence/additional evidence, if from record before arbitrator, same can be established and proved that subject matter of dispute is not capable of settlement by arbitration under the law..........
Arbitration and Conciliation Act, 1996, Section 34(2)(a) -- (Prior to amendment) - Arbitral award - Evidence by way of affidavit - In exceptional cases and if it is brought to Court on matters not containing record of arbitrator that certain things are relevant for determination of issue arising u/s 34(2)(a) of the Act, then party who has assailed award on the grounds set..........
Arbitration and Conciliation Act, 1996, Section 34(2)(a) -- (Prior to amendment) - Arbitral award - Setting aside - Defence that arbitral award is in conflict with public policy of India itself can be a ground to set aside award in view of S.34(2)(a) of the Act...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - High Court was not right in dismissing petition by giving a finding on novation of Share Purchase Agreement between parties - Said aspect would have a bearing on merits of controversy between parties - It must be left to Arbitrator to decide on said issue also - Impugned order set aside -..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - When agreements in question contains arbitration clauses, Court ought to have allowed application u/s 11(6) of the Act and ought to have left issue on arbitrability of dispute between parties to arbitrator...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Share subscription and Shareholders agreement containing arbitration clause - Pendency of proceedings at the instance of respondent as minority shareholder for oppression and mismanagement before NCLT, is not ground to dismiss application u/s 11(6) of the Act, as same should be left to..........
Arbitration and Conciliation Act, 1996, Section 34 -- Application u/s 34 of the Act - Jurisdiction of Court - Where High Court has no original jurisdiction, concerned District Court can be said to be Court - Proceedings u/s 34 of the Act against award passed by arbitrator shall lie before concerned District Court as defined u/s 2(e) of the Act...........
