Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitration - There cannot be two arbitration proceedings with respect to same contract/transaction...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Limitation - Dispute between parties arose in the year 2007 whereafter applicant for first time sent a legal notice to respondents for appointment of arbitrator whereupon respondents responded by their letter asking applicant to deposit necessary 10% of claim amount failing which it would..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Arbitration proceedings - Dispute between two signatories of contract - Impleadment of third person is thus, not necessary, who is an alien to an agreement, who is not at all affected nor a signatory to it and who is not at all necessary to be impleaded in order to get it determined and..........
Arbitration and Conciliation Act, 1996, Section 20(2) -- Seat of arbitration - Seat once fixed by arbitral Tribunal u/s 20(2) of the Act should remain static and fixed - Whereas `venue' of arbitration can change and move from `the seat' to a new location - Venue is not constant and stationary and can move and change in terms of S.20(3) of the Act - Change of venue does not..........
Arbitration and Conciliation Act, 1996, Section 20(2) -- Seat of arbitration - Once jurisdictional seat of arbitration is fixed in terms of S.20(2) of the Act, then, without the express mutual consent of the parties to the arbitration, `the seat' cannot be changed...........
Arbitration Act, 1940, Section 21 -- Reference of dispute to Arbitration - Word `agree' in S.21 of the Act refers to consensus ad idem between parties who take a considered decision to forgo their right of adjudication before a Court where suit is pending and mutually agree to have subject matter of suit or part thereof adjudicated and decided by an arbitrator...........
Civil Procedure Code, 1908, Order 26, Rule 11, Arbitration Act, 1940, Section 21 -- Appointment of Commissioner/arbitrator - Application was filed by plaintiff for appointment of Commissioner/arbitrator to conduct an enquiry in respect of accounts by a competent Chartered Accountant - Said application cannot be read as an application moved on prior agreement or consensus..........
Arbitration and Conciliation Act, 1996, Section 31(7)(a) -- Arbitral award - Interest - If there is specific agreement between parties with regard to payment of interest then Arbitral Tribunal will cease to have any discretion and would be bound by agreement between parties - In the absence of such an agreement between parties Arbitral Tribunal has discretion to award..........
Constitution of India, 1950, Article 226, 227 -- Writ petition - Arbitral award - High Court ought not to have entertained the writ petition u/arts 226, 227 of Constitution against award made by Arbitrator made under Arbitration Act and against an order passed by trial Court making the award a decree and without availing alternative statutory remedy available by way of..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitration - If loan agreement containing arbitration clause is not produced on record, it is ultimately for Arbitrator to pass an appropriate order and to take into consideration such a conduct...........
