Arbitration and Conciliation Act, 1996, Section 8 -- Appointment of arbitrator - Ordinary Civil Court cannot be approached for mere purpose of appointing an arbitrator - Court gets jurisdiction to refer the parties to arbitration (where there is an arbitration agreement) only if an action is pending before the Court...........
Arbitration and Conciliation Act, 1996, Section 11, 16 -- Appointment of arbitrator - Arbitration agreement contains MOU - MOU terminated - Contention that after termination of MOU arbitration clause also got terminated - Held, dispute between parties related to subject-matter of relationship between parties which came into existence through MOU - Held, contention not..........
Arbitration and Conciliation Act, 1996, Section 7, 11(6) -- Appointment of arbitrator - Arbitration agreement - Arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement and shall be an agreement in writing - An arbitration agreement is in writing if it is contained in any of the clauses i.e. clauses (a) to (c)..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Power to appoint arbitrator includes the power to specify terms and conditions also which includes the fees payable to the arbitrator/s, after hearing the parties and if necessary after ascertaining the fee structure from the prospective Arbitrator/s - This will avoid the embarrassment of..........
Arbitration and Conciliation Act, 1996, Section 31 -- Arbitrator - Appointment - Arbitration cost - Supreme Court suggested some of the solutions to reduce the arbitration cost viz. (a) Institutional arbitration - Fee of arbitrator is fixed not by the Arbitrator themselves on case to case basis, but is governed by a uniform rate prescribed by the institution under whose..........
Arbitration and Conciliation Act, 1996, Section 11(5) -- Arbitrator - Appointment - In case final settlement was reached amicably between the parties even by making certain adjustments and without any misrepresentation or fraud or coercion, then, acceptance of money as full and final settlement/issuance of receipt or vouchers etc. would conclude the controversy and it is..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Arbitrator can be appointed only if there is an arbitration agreement in regard to the contract in question - If there is an arbitration agreement in regard to contract `A' then arbitrator cannot be appointed when there is dispute in regard to contract `B'...........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Arbitration agreement - Serious allegations of fraud, forgery and fabrication - Existence of a valid and enforceable arbitration agreement is a condition precedent for appointment of an arbitration - When serious allegations of fraud and fabrication are made, it is not possible for Court to..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Arbitration agreement - Serious allegations of fraud, forgery and fabrication - Where agreements have been performed in part, such a contention not to be entertained - It is only in a very few cases, where an agreement had not seen the light of the day and suddenly propounded or where the..........
Arbitration and Conciliation Act, 1996, Section 11 -- Chief Justice or his designate - Appointment of arbitrator - Held, S.11 of the Act requires Chief Justice or his designate only to appoint arbitrator - It does not require Chief Justice or his designate to identify disputes or refer them to the Arbitral Tribunal for adjudication...........
