Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Limitation - Condonation of delay - S.34(3) Proviso of the Act states that Court may condone delay of a period up to thirty days in filing objections if it is satisfied that applicant is prevented by sufficient cause from making an application u/s 34(1) of the Act...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Limitation - Condonation of delay - Application for setting award was made on 28 Mar 2014 accompanied by an application for condonation of delay of eight days - Court therefore, had power to condone eight days delay, which is less than thirty days in terms of S.34(3) Proviso of the Act -..........
Bihar Public Works Contract Disputes Arbitration Tribunal Act, 2008, Section 8, 9 -- Reference to arbitral Tribunal - There is no arbitration clause in agreement between parties - Provisions of Arbitration and Conciliation Act, 1996 will have no application - Reference to Arbitration Tribunal will be governed by 2008 Act...........
Bihar Public Works Contract Disputes Arbitration Tribunal Act, 2008, Section 18 -- Extension of period of limitation - Delay in making reference to arbitral Tribunal - Arbitral Tribunal has power to condone delay in making reference - Therefore, u/art 136 of Constitution, this is not a fit case to interfere with award on the ground that reference was barred by limitation...........
Bihar Public Works Contract Disputes Arbitration Tribunal Act, 2008, Section 13 -- Revision - Scope of interference with award of Arbitration Tribunal in revisional jurisdiction was very narrow - In absence of any perversity, High Court could not have given a different interpretation to clauses in agreement from one provided by Arbitral Tribunal...........
Arbitration and Conciliation Act, 1996, Section 34 -- Execution petition - Contempt of court - The jurisdiction of a Court under the Act, would not cease, is executable under law, even without having recourse to contempt proceedings - There is an award passed by the Arbitrator to punish the respondents under the Contempt of Courts Act, 1971 for wilful disobedience of the..........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal u/s 37 of the Act - High Court has no jurisdiction to remand the matter to the same arbitrator unless it is consented by both the parties that matter be remanded to same Arbitrator...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal u/s 37 of the Act - Two options are available to Court for considering appeal u/s 37 of the Act i.e. High Court either may relegate the parties for fresh arbitration or to consider the appeal on merits on basis of material available on record within scope and ambit of jurisdiction u/s 37 of the Act...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Where award is set aside u/s 34 of the Act on whatever grounds available u/s 34 of the Act, parties in that case can still agree for fresh arbitration may be by same arbitrator...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Once parties agreed to set aside award and to remit the matter to Sole arbitrator for fresh reasoned award and order was passed on consent, thereafter it was not open for petitioner to contend that matter may not be and/or ought not to have been remanded to same sole arbitrator...........
