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...........
Arbitration and Conciliation Act, 1996, Section 20(1), (2) -- Arbitral proceedings - Place of arbitration - Parties are free to agree on place of arbitration - In the event of specific agreement stating place of jurisdiction, such place become the seat of arbitration and the seat would have to be given effect to - However, if agreement is silent and does not confer..........
Arbitration and Conciliation Act, 1996, Section 20(1), (2) -- Arbitral proceedings - Place of arbitration - Arbitration was initiated and initial proceedings were held at place `P' and thereafter the venue was changed to place `D' on the appointment of new Arbitrator - That cannot be construed as determining juridical seat or jurisdiction...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 14 -- Petition u/s 34 of Act of 1996 - Return of petition for representation in proper Court - Delay of 8 days in representation - Extension of time be sought from Court ordering return of petition - However, application u/s 14 of Act of 1963 filed in Court where petition was represented -..........
Arbitration and Conciliation Act, 1996, Section 11(6), Insolvency and Bankruptcy Code, 2016, Section 28 -- Appointment of arbitrator - Bar for invoking arbitration clause - S.28 of IBC, 2016 does not indicate that consent of Committee of Creditors is required by IRP to give authorization to another person for filing of arbitration application u/s 11 of the Act -..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitration and Conciliation (Amendment) Act, 2015, S.11(6A) - Appointment of arbitrator - Limitation - S.11(6) of Amendment Act, prohibits High Court from going into any other aspect other than examination of existence of arbitration agreement - Court is precluded from going into the issue of limitation...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitration clause - Validity of invoking arbitration - Applicant not part of any Group of Companies as Parent and Subsidiary still applicant is a member of a Consortium - Consortium Agreement and Arbitration Clause binds all Consortium members and all Consortium members are bound by Arbitration agreement and..........
Arbitration and Conciliation Act, 1996, Section 34, 13(5), 16(6) -- Scope - Arbitration award - Setting aside - Proceedings u/s 34 of the Act are summary in nature - Scope of enquiry in the proceedings u/s 34 of the Act is restricted to a consideration whether any of the grounds mentioned in S.34(2) or S.13(5) or S.16(6) are made out to set aside the award - Grounds for..........
Arbitration and Conciliation Act, 1996, Section 34, 13(5), 16(6), Civil Procedure Code, 1908, Section 151 -- Arbitration award - Setting aside - Adducing evidence in an application u/s 34 of the Act - Proceedings u/s 34 of the Act are summary in nature - An application for setting aside an arbitral award will not ordinarily require anything beyond the record that was..........
Arbitration and Conciliation Act, 1996, Section 8 -- Appointment of arbitrator - Dispute as to sharing of rent of lease space - Cl.19 of Addendum that in the event of any dispute and difference arising among parties out of, in connection with or relating to agreement will be referred to arbitration - High Court committed grave error in not referring dispute between parties..........
