Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Application u/s 11(6) of the Act filed after 32 years from the date of completion of work - Appellant who served legal notice invoking arbitration clause and requesting for appointment of an arbitrator after a period of approximately 32 years - Appellant cannot contended that his..........
Bihar Public Works Contract Disputes Arbitration Tribunal Act, 2008, Section 8, 9 -- Reference to arbitral Tribunal - There is no arbitration clause in agreement between parties - Provisions of Arbitration and Conciliation Act, 1996 will have no application - Reference to Arbitration Tribunal will be governed by 2008 Act...........
Arbitration and Conciliation Act, 1996, Section 31(7)(a) -- Arbitral award - Pendente lite interest - If contract contains a specific clause which expressly bars payment of interest, then it is not open for arbitrator to grant pendente lite interest...........
Constitution of India, 1950, Article 226 -- Writ petition - Existence of an arbitration clause does not debar Court from entertaining a writ petition...........
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..........
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 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 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 -- 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 -..........
Constitution of India, 1950, Article 226 -- Writ Jurisdiction - Presence of an arbitration clause does oust jurisdiction u/art 226 in all cases though, it still needs to be decided from case to case as to whether recourse to public law remedy can justifiably be invoked...........
