Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objections - Dismissal of - Period of limitation - Is three months which is extendable by 30 days on giving of sufficient reasons and not thereafter...........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Award - Objections - Award passed by the Arbitral Tribunal can be interfered with in the proceedings u/ss 34 & 37 of the Act only in a case where the finding is perverse and/or contrary to the evidence and/or the same is against the public policy...........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Award - Objections - Arbitral Tribunal is the master of evidence and the findings of fact which are arrived at by arbitrators on the basis of the evidence on record are not to be scrutinized as if the Court was sitting in appeal...........
Arbitration and Conciliation Act, 1996, Section 34 -- Award - Objections - Even when the view taken by the arbitrator is a plausible view, and/or when two views are possible, a particular view taken by Arbitral Tribunal which is also reasonable should not be interfered with in a proceedings u/s 34 of the Act...........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Award - Objections - Once the findings recorded by Arbitral Tribunal that termination of the contract was illegal is upheld and claims made by the claimants have been allowed or allowed partly, in that case, counterclaim submitted by party is liable to be rejected...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Arbitral award - Objections - Dismissal of objections on ground of delay in filling the same - Condonation of delay - Statutory period of limitation expired during summer vacations and counsel for appellant came to file the case on first day of opening of District Court after summer..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objections - Setting aside - Exparte award - Once the matter had been adjourned sine die and was taken up for hearing thereafter, it became incumbent upon Arbitrator to have issued notice regarding resumption of proceedings - Basic tenets of rules of natural justice has not been followed and exparte..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objections - Dismissal of - Period of limitation - Would be a period of 90 days from date on which copy of signed award was delivered to party - Further period of 30 days would have been made available in case, appellant had been able to give sufficient reasons for not filing objections within specified..........
Arbitration and Conciliation Act, 1996, Section 20(1), (2) -- Arbitral proceedings - Place of arbitration - Seat of arbitration and venue may be same however, it is the `seat` that actually decides the appropriate court which will have exclusive jurisdiction to entertain and deal with the arbitration proceedings...........
Arbitration and Conciliation Act, 1996, Section 20(1), (2) -- Arbitral proceedings - Place of arbitration - Contractual clause between the parties to the contract stipulating the `Venue' of arbitration - Does not amount to a choice of juridical seat between the parties...........
