Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making award - Application u/s 29-A(5) of the Act for extension of mandate of arbitrator is maintainable even after expiry of time u/s 29-A(1), (3) of the Act and even after rendering of an award during that time - Such an award is ineffective and unenforceable - But the power..........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making award - While considering application Court will examine if there is sufficient cause for extending the mandate and in the process, it may impose such terms and conditions as the situation demands - Court will also take into account other factors such as reduction of fee..........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making award - If mandate is extended by Court, arbitral tribunal will pick up the thread from where it was left and seamlessly continue the proceeding from the stage at which the mandate had expired and conclude within the time granted...........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Non-arbitrable agreement - When an allegation of fraud is made with regard to arbitration agreement itself, such a dispute is generally recognised as a dispute in the realm of non-arbitrability - Court will examine it as a jurisdictional issue only to enquire whether dispute has become..........
Arbitration and Conciliation Act, 1996, Section 8, 11 -- Applications u/ss 8, 11 of the Act - Prima facie satisfaction recorded by High Court regarding doubtful existence of arbitration agreement is a relevant consideration while examining applications u/ss 8, 11 of the Act...........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making award - Civil Court can entertain application u/s 29-A for extension of time of an arbitral tribunal if High Court u/s 11(6) of the Act has appointed arbitrator...........
Arbitration and Conciliation Act, 1996, Section 29A, 2(1)(e) -- Expression - "Court" in S.29-A of the Act accorded the meaning assigned to it u/s 2(1)(e) of the Act...........
Arbitration and Conciliation Act, 1996, Section 42 -- Jurisdiction of Court - Solely because a superior Court appoints arbitrator or issues directions or has retained some control over arbitrator, it cannot be regarded as a `Court' of first instance for purposes of S.42 of the Act...........
Arbitration and Conciliation Act, 1996, Section 21 -- Commencement of arbitral proceedings - Failure to issue notice u/s 21 of the Act, would not be fatal to a party in arbitration if claim is otherwise valid and disputes arbitrable...........
Arbitration and Conciliation Act, 1996, Section 23 -- Arbitration proceedings - Statements of claim and defence - When Arbitral Tribunal is constituted claimant is required to file statement and respondent to file his defence statement with counter claim, if any, before arbitrator - Claimant is not bound to restrict his statement of claim to claims raised by him in notice..........
