Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Applicability of Act - Terms and conditions in the notice inviting tender, were binding between parties - Parties agreed, that all questions or disputes arising between them, would be settled in accordance with laws of India - Provisions of Arbitration and Conciliation Act lays down the..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of Arbitrator - Appointment by consent by appellant before High Court - No interference called for...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Before exercising power u/s 11(6) of the Act, Court has to decide existence of an arbitrable dispute/enforceable claim by and between parties to contract - Existence of claim and denial thereof giving rise to a dispute is required to be determined on the basis of what parties had agreed..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Arbitrable dispute - Extended stay compensation - Contractor was required to mention the rate of extended stay compensation which was mentioned as "NIL" in the bid - Thus petitioner had agreed to fore go its claim to extended stay compensation in the event the period of performance of the..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Payment of additional works - The same was to be decided by Engineer-i, chief whose decision was final and binding - Finality attached to such a decision cannot be an unilateral act beyond the pale of further scrutiny - Justifiability of such a decision though stated to be final, must, be..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Insurance policy - When payment is accepted in full and final settlement of claim and letter of subrogation and discharge is signed, bald plea of duress, coercion and undue influence cannot be taken by invoking S.11 of Act as no arbitrable dispute existed between parties - High Court was not..........
Arbitration and Conciliation Act, 1996, Section 34, 11(6) -- Arbitration award - Setting aside - As per arbitration clause only a Gazetted Railway Officer could have been appointed as an arbitrator - Appointment of former Judge of High Court, with consent of parties - Held, once consent for appointment of a former Judge of High Court is given it can be presumed that there..........
Arbitration and Conciliation Act, 1996, Section 34, 11(6) -- Arbitration award - Setting aside - As per arbitration clause only a Gazetted Railway Officer could have been appointed as an arbitrator - Appointment of former Judge of High Court with consent of parties - Held, once consent is given then validity of award cannot be challenged on the ground that Arbitrator was..........
Arbitration and Conciliation Act, 1996, Section 11, 14, 15, 32 -- Appointment of sole arbitrator - Challenge to mandate of Arbitrator Tribunal - Arbitral Tribunal failed to perform its function - No justification reasons which shows the inability of the members of Tribunal to proceed in the matter as matter lingered on for almost 4 years - Members did not mend their ways..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Government contract - In case of contracts between Government corporations/state owned companies with private parties, terms of agreement are usually drawn by Government - However, it casts an onerous and responsible duty upon persona designate to appoint such persons/officers as arbitrators..........
