Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - An application u/s 11 of Act is expected to contain pleading about existence of a dispute and applicant is not expected to justify the claim or plead extensively in regard to limitation or production of document to demonstrate that claim is within time and that issue should normally be left..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Contractual matter - Dead claim - Payment made of undisputed part of final bill - Disputed claims not adjudicated - Claim raised with regard to disputed claim cannot be said to be barred by time or a dead claim...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Contractual matter - Pleadings clearly stated that appellant was paid only undisputed part and he had reserved his right to raise claim to disputed part - Since disputed claims having never been adjudicated, there was a dispute which needed an adjudication after looking into all relevant..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Jurisdiction of Court u/s 11 of the Act is limited and confined to examine as to whether there is an arbitration agreement between the contracting parties and, if so, whether any dispute has arisen between them out of such agreement which may call for appointment of arbitrator to decide such..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Finding on merits of controversy - Not required while making reference to arbitration - Arbitrator not to be influenced by any such finding or observations made...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of Arbitrator - Arbitration clause in Engagement letter - Pleading that Respondent not naming an arbitrator inspite of request of petitioner not controverted - Held, in the absence of any counter from respondent, averments in petition must be taken to be correct at least for the purpose of deciding..........
Arbitration and Conciliation Act, 1996, Section 11(5) -- Appointment of arbitrator - S.11(5) of Act cannot be invoked unless one party to arbitration agreement makes a request to the other party to appoint an arbitrator and that party fails to do so within 30 days - Instantly, no such request was ever made by respondent to appellant as such it was not open to High Court to..........
Arbitration and Conciliation Act, 1996, Section 15(2) -- Substitute arbitrator - Procedure agreed upon by parties for the appointment of original arbitrator is equally applicable to appointment of a substitute arbitrator, even if agreement does not specifically say so, as this is mandate of S.15(2) of the Act...........
Arbitration and Conciliation Act, 1996, Section 15(2) -- Substitute arbitrator - There is nothing in clause 8 of consent terms that resignation of retired Supreme Court Judge would lead to her vacancy not being supplied - Said clause not indicates that confidence of parties was in only the named arbitrator and in nobody else - Appointment of substitute arbitrator is..........
Arbitration and Conciliation Act, 1996, Section 15(2) -- Substitute arbitrator - High Court disposed of suit between parties by recording settlement in consent terms and referred the remaining disputes to arbitration - High Court applied its mind to consent terms as a whole and appointed retired Supreme Court judge as arbitrator for the dispute which was to be resolved -..........
