Arbitration and Conciliation Act, 1996, Section 20(1) -- Seat of arbitration - Seat of arbitration replaced by mutual agreement from Jaipur to Ahmedabad - Courts at Rajasthan are no longer vested with jurisdiction as exclusive jurisdiction now vests in Courts at Ahmedabad, given the change in seat of arbitration - Parties thus, referred to Courts at Ahmedabad for..........
Arbitration and Conciliation Act, 1996, Section 11(5), (6) -- Appointment of sole arbitrator - Agreement to sell - Arbitration clause therein - Dispute as to cancellation of agreement of sale - Out of Court settlement - Settlement has not been recorded nor made a part of order so as to bind parties and to indicate that dispute had been resolved - No material brought on..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Court would refer the matter when contentions relating to non-arbitrability are plainly arguable or when facts are contested - Court cannot at this stage, enter into a mini trial or elaborate review of facts and law which would usurp jurisdiction of arbitral tribunal...........
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..........
