Arbitration and Conciliation Act, 1996, Section 15 -- Replacement of arbitrator - Arbitrator failing to make award within stipulated period - Trial Court directed the parties to submit a panel of arbitrators out of which Court could appoint an arbitrator - Plea of petitioner that under clause 25 only nominee of the registrar could be appointed and only if such a nominee..........
Arbitration Act, 1940, Section 20 -- Arbitration - Arbitration clause - Whether survives despite purported satisfaction thereof - Held that normally, an accord and satisfaction by itself would not affect the arbitration clause but if the dispute is that the contract itself does not subsist, the question of invoking the arbitration clause may not arise - But in the event it..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Contractual relationship between the parties and agreement contains arbitration clause - Petitioners dealership which is their bread and butter, came to be terminated for irrelevant and non-existent cause - Relief should have been allowed by High Court itself instead of driving petitioners to the need of..........
Consumer Protection Act, 1986, Section 3 -- Act not in derogation of any other law - Mere existence of an arbitration clause should not come in the way of an aggrieved party from seeking legitimate relief under the C.P. Act which is a special piece of legislation to protect the interests of the consumers notwithstanding the other laws in force...........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Must be in writing and signed by both the parties - Arbitration clause contained in the letter signed by the petitioner alone is not a valid arbitration agreement...........
Arbitration -- Award - Can be set aside if Arbitrator acts beyond jurisdiction and for this agreement between the parties has to be considered - If the Arbitrator acts beyond the arbitration clause then it would be deemed that he has acted beyond jurisdiction - If there is a specific term in the contract or the law which does not permit the parties to raise a point before..........
Consumer Protection Act, 1986, Section 3, Telegraph Act, 1885, Section 7B -- Arbitration clause - Jurisdictional bar - Even if there is an arbitration clause in the agreement, which is the subject-matter of the complaint, it does not act as a bar to the entertainment of the complaint by the consumer authorities - Remedy under the C.P. Act is in addition to the provisions..........
Arbitration and Conciliation Act, 1996, Section 16 -- Clause in the agreement that remedy of any dispute which is provided in the agreement then matter cannot be referred to Arbitrator - Held, when there is such a clause in the agreement then dispute, the remedy of which is provided in the agreement cannot be referred to Arbitrator...........
Arbitration Act, 1940, Section 20 -- Arbitration clause - Interpretation - Whether should be left to Arbitrator and that such determination cannot be done by Court at any stage? - Held No...........
Consumer Protection Act, 1986, Section 21 -- Insurance claim - Repudiation - Claim totalling about Rs. 1 crore - Contention of OP that it has already paid the complainant a sum of Rs. 4,35,246/- in complete satisfaction of its insurance claim - Arbitration clause also existed - Numerous documents are on record - It would be difficult to decide such a matter on the basis of..........
