Insolvency and Bankruptcy Code, 2016, Section 7, Arbitration and Conciliation Act, 1996, Section 8 -- Proceeding u/s 7 of Code - Application u/s 8 of Act 1996 filed in said proceeding - In any proceeding which is pending before Adjudicating Authority u/s 7 of Code, if such petition is admitted upon Adjudicating Authority recording satisfaction with regard to default and..........
Arbitration and Conciliation Act, 1996, Section 8, 11 -- Appointment of arbitrator - Four separate agreements entered into between parties - Provision for arbitration contained in Clause 20 is similar in all agreements - Considering nature of issues involved being mainly with regard to conversion of preference shares into equity shares and formula to be worked, dispute can..........
Arbitration and Conciliation Act, 1996, Section 11(6), Electricity Act, 2003, Section 86(1)(f) -- Appointment of arbitrator - S.86(1)(f) of 2003 Act is a special provision which overrides the general provisions contained S.11 of 1996 Act...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Plea of bar of jurisdiction u/s 11(6) of the Act - Objection when not raised in the first application can be raised in the second application...........
Arbitration and Conciliation Act, 1996, Section 36(3) -- Stay of operation of arbitral award - Nature of security to be deposited - Petitioner depositing title deed of land of value more than that of award, is acceptable - It is not necessary that security for stay of arbitral award must always be in cash or bank guarantee...........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5, Article 116, 117 -- Appeal under Act of 1996 - Limitation - Limitation Act applies to appeal filed u/s 37 of Arbitration and Conciliation Act...........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5, Article 116, 117, Commercial Courts Act, 2015, Section 13(1A) -- Condonation of delay - Delay in filing appeal u/s 37 of Arbitration and Conciliation Act - Appeals filed u/s 37 of Arbitration and Conciliation Act are governed by Arts.116, 117 of Limitation Act or S.13(1-A) of Commercial..........
Arbitration and Conciliation Act, 1996, Section 11, Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation to file application u/s 11 of the Act for appointment of Arbitrator starts to run, if arbitrator is not appointed within 30 days of request to appoint arbitrator - Once limitation starts to run, any final rejection of request to appoint arbitrator..........
Arbitration and Conciliation Act, 1996, Section 11, 8 -- Appointment of arbitrator - Limitation which concerns admissibility of claim, must be decided by arbitral Tribunal either as a preliminary issue or at the final stage after evidence is led by parties...........
Arbitration and Conciliation Act, 1996, Section 11, 8, Limitation Act, 1963, Article 137 -- Appointment of Arbitrator - Limitation for filing an application for appointment of Arbitrator - Limitation is governed by Art.137 Limitation Act, which begin to run from the date when there is failure to appoint an arbitrator...........
