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...........
Arbitration and Conciliation Act, 1996, Section 11, 8 -- Appointment of arbitrator - Refusal to refer parties to arbitration - In rare and exceptional case, where claims are ex facie time barred and it is manifest that there is no subsisting dispute, Court may refuse to make reference...........
Arbitration and Conciliation Act, 1996, Section 11(6), 8 -- Appointment of arbitrator - Unsafe to conclude, in the given facts of the instant case, as to whether an arbitration agreement exists between the parties - A deeper consideration of whether an arbitration agreement exists between the parties must be left to an Arbitrator who is to examine the documentary evidence..........
Arbitration and Conciliation Act, 1996, Section 11(6), 8 -- Appointment of arbitrator - Unsafe to conclude that there is an arbitration agreement in between the parties - Sole arbitrator appointed, who will determine as a preliminary issue as to whether an Arbitration agreement exists between the parties and go to decide the merits of case only if it is first found that..........
Limitation -- Extension of limitation due to COVID-19 pandemic - Order dated 15.03.2020 extending limitation in filing petitions/applications/suits/appeals/all other proceedings was extended from time to time - Since order dated 15.03.2020 has served its purpose as such extension of limitation will come to an end with the directions, viz. (i) In computing the period of..........
Arbitration and Conciliation Act, 1996, Section 34, 36 -- Arbitration award - Objections - Limitation - Period of limitation for filing objections have to be reckoned from date on which signed copy of award was made available to parties...........
Arbitration and Conciliation Act, 1996, Section 34, 36 -- Arbitration award - Setting aside - A party cannot file a petition u/s 34 for setting aside or u/s 36 for enforcement of a dissenting opinion...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of sole arbitrator - Development agreement - Parties in development agreement agreed to refer all disputes under the 1996 Act - Though appellant/contractor registered under MSMED Act, but there is no provision for raising counter claims under said Act - It is thus, a fit case for appointment of arbitrator -..........
Arbitration and Conciliation Act, 1996, Section 34, 37(1)(c) -- Arbitration award - Objections - Delay - Refusal to condone delay - An appeal is maintainable against an order refusing to condone delay in filing an application u/s 34 of the Act to set aside an award...........
