Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Contracts executed through state PWD - Merely for this reason it cannot be contended that special provisions applicable to National Highway Projects relating to arbitration specifically added to the contract should be ignored...........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Arbitration agreement - Construction of contract - (i) the terms of the articles of agreement will prevail over the terms of Notice inviting Tenders for Works and (ii) the term contained in the cyclostyled attachment to the printed form of articles of agreement will prevail over the terms of..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitration agreement - Clause in agreement having no application to an agreement which is entered into between the appellant and the respondent - Appointment of arbitrator, held, improper...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Independent arbitrator - Appointment of - Clause 23 of agreement already stands deleted by publication of notification in official gazette - Clause 23 is not an arbitration agreement - Held, even if it is an arbitration agreement, Superintending Engineer is named as sole arbitrator - Petitioner will be justified in..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Request to other party to appoint arbitrator - Failure to appoint - Party invoking jurisdiction of Court for appointment of an arbitrator - Thereafter other party appointing arbitrator - Held, that party to the agreement has a right to appoint an arbitrator even after expiry of 30 days but the..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - After completion of contract full and final payment received without any protest - Dispute raised after two years - High Court appointed arbitrator - Appointment set aside - No dispute existed between parties as contractor having received the final payment without protest had waived his right..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - For appointment of an arbitrator two things must be kept in mind viz. (i) that there exists a dispute between the parties to the agreement and that the dispute is alive; (ii) Secondly, an Arbitrator must be appointed as per the terms and conditions of the agreement and as per the need of the..........
Arbitration Act, 1940, Section 20 -- Arbitrator - Appointment - Partnership firm - Arbitration clause in partnership deed - One of the partners raising dispute with regard to profits of firm and filing petition for appointment of Arbitrator - Partner producing a retirement deed under which the firm stood dissolved - Held, in such a situation arbitrator can be appointed who..........
Arbitration and Conciliation Act, 1996, Section 11(4) -- Appointment of arbitrator - Appointment made during pendency of proceedings on application for appointment u/s 11 of the Act before the Court - Held, power to appoint arbitrator given to party stands forfeited - Once the agreed party approaches Court u/s 11(6) of the Act for appointment of arbitrator - Appointment..........
Arbitration and Conciliation Act, 1996, Section 11(8) -- Arbitrator - Appointment - Appointment of named arbitrator in arbitration agreement - Not mandatory - Where the independence and impartiality of the named arbitrator is in doubt, or where the Arbitral Tribunal appointed in the manner provided in the arbitration agreement has not functioned and it becomes necessary to..........
