Micro Small and Medium Enterprises Development Act, 2006, Section 18(3), Limitation Act,1963 -- Reference to arbitration - Applicability of Limitation Act - Provisions of Limitation Act is applicable to arbitrations covered u/s 18(3) of the MSMED Act...........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(3), Arbitration and Conciliation Act, 1996, Section 7(1), 23(2A) -- Reference to arbitration - Counter claim and set off is maintainable before statutory authorities under MSMED Act, particularly when there is a provision for filing counter claim and set off which is expressly inserted in S.23 of 1996..........
Constitution of India, 1950, Article 226 -- Writ petition - Existence of an arbitration clause does not debar Court from entertaining a writ petition...........
Limitation -- Extension of limitation due to COVID-19 virus - (a) Order dated 23.03.2021 and in continuation of the order dated 08.02.2021, Limitation as prescribed under any general or special laws in respect of all judicial or quasi judicial proceedings, whether condonable or not, shall stand extended till further orders; (b) period from 14.03.2021 till further orders..........
Arbitration and Conciliation Act, 1996, Section 31(7)(a), 34 -- Interest on delayed payment - Specific term of agreement entered into by and between parties provided for payment of interest on delayed payment as per terms of contract - However, rate of interest was not specifically agreed upon - Blank space in `appendix to bid' cannot be construed as cancellation of clause..........
Commercial Courts Act, 2015, Section 10(3), 21, 2(1)(f), Arbitration and Conciliation Act, 1996, Section 2(2), 44, 47 -- Proviso - Foreign award - "International commercial arbitration" - Arbitration resulting in foreign award, will be enforceable only in a High Court u/s 10(1) of Act, and not in District Court u/s 10(2) or S.10(3) of Act of 2016 - There is no clash..........
Arbitration and Conciliation Act, 1996, Section 44 -- Parts I, II - Foreign award - Execution - Clause of settlement agreement showing that arbitration is to be resolved "in Zurich" in accordance with Rules of Conciliation and Arbitration of International Chamber of Commerce (ICC) - Zurich therefore determined to be juridical seat of arbitration - Arrangement accepted by..........
Arbitration and Conciliation Act, 1996, Section 44 -- Parts I, II - Foreign award - Execution - Award challenge on the ground that both the parties were Indian nationals - S.44 is party-neutral, having reference to place at which award is made - Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen to..........
Arbitration and Conciliation Act, 1996, Section 44, 45, 2(2) -- Parts I, II Proviso - Foreign award - Part II of Arbitration Act does not apply to arbitral proceedings once it is commenced in country outside India - Part I applies only if place of arbitration is in India...........
Arbitration and Conciliation Act, 1996, Section 20(1) -- Seat of arbitration - Parties by mutual agreement changed venue of arbitration from Jaipur to Ahmedabad - Exclusive jurisdiction now vests in Courts at Ahmedabad...........
