Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - Memorandum of Understanding (MoU) having an arbitration clause exclusively executed between appellant and respondent - MoU contains a description of respective family units and their concerns - Neither Bank nor company are parties to arbitration agreement - MoU indicates that there are certain..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Non-existence of arbitration agreement in relation to entire subject matter of suit - Except principle agreement none of agreements contained any arbitration clause even if they relate to same property - More so, substantive reliefs claimed in the suits fall outside the arbitration..........
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 11(6) -- Appointment of arbitrator - Three arbitration agreements executed between parties - Identical arbitration clause contained in all three agreements not disputed - Respondent himself proposed to consolidate dispute under said agreements and to refer them to a sole arbitrator to one single arbitration, thus respondent..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Arbitrator - Arbitration agreement - Three recitals in the agreement strongly point towards an unambiguous intention of parties to refer their dispute to arbitration, viz; (i) mandatory nature of reference to arbitration by using the term "shall be referred to arbitration of a Sole Arbitrator mutually appointed,..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Dispute arising out of non-renewal of lease is arbitrable as per lease deed executed between parties - Arbitration clause cannot be rendered otiose by refusal of State to renew lease - Former Chief Justice of Gujarat High Court and former Chairman of Sikkim Law Commission is thus,..........
Arbitration and Conciliation Act, 1996, Section 11(6), 7 -- Appointment of arbitrator - No arbitration agreement in between parties - However counsel of both the parties did not dispute the fact that clause 15 of the Contract agreement and clause 5 of policy decision provide for appointment of an arbitrator - Arbitrator appointed on an understanding of counsel which in any..........
Arbitration and Conciliation Act, 1996, Section 11(6), 7 -- Appointment of arbitrator - No arbitration agreement between parties agreeing to refer either present or future disputes to arbitration - Clause 15 of contract agreement is a dispute resolution mechanism at Company level rather than an arbitration agreement - Even in clause 5 of communication between parties there..........
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...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Application u/s 11(6) of the Act filed after 32 years from the date of completion of work - Appellant who served legal notice invoking arbitration clause and requesting for appointment of an arbitrator after a period of approximately 32 years - Appellant cannot contended that his..........
