Arbitration and Conciliation Act, 1996, Section 16 -- Competency of Arbitral Tribunal - Petitioner not challenge order for nearly 21/2 years and in meanwhile without any protest whatsoever continued to voluntarily participate in proceedings before Tribunal - Only when final arguments in part had been heard by Tribunal petitioner choose to file instant petition to challenge..........
Arbitration and Conciliation Act, 1996, Section 5, 16(5), 16(6) -- Competency of Arbitral Tribunal - Minimal judicial interference for quick disposal of arbitral proceedings - No interference is warranted by Court in petition filed by petitioners u/arts.226, 227 of Constitution...........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5, Article 116 -- Arbitration award - Petition u/s 34 dismissed - In preferring appeal, delay of 189 days from 90 days given under Art.116 of Limitation Act - In the period of 90 days grace period of 30 days by following Lachmeshwar Prasad Shukul case - Present delay beyond 120 days cannot be..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objections - Territorial jurisdiction - Arbitrator appointed by Hon`ble Chief Justice of Punjab and Haryana High Court - Thus, Courts at Chandigarh that will have jurisdiction...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objection - Requirement of affidavit, (i) no affidavit is required to be filed with application u/s 34 of the Act except an affidavit needs to be filed only to extent that requirement of giving advance notice has been complied with; (ii) affidavit needs to be filed only in case contents have to be..........
Arbitration and Conciliation Act, 1996, Section 34(2)(a)(iii) -- Arbitral award - Setting aside - Non grant of appropriate opportunity to tender evidence by examining witnesses and to cross examine witnesses, whose affidavits were filed by the Arbitrator - Neither any application was filed before Arbitrator to recall order settling arbitration proceedings by respondents..........
Arbitration and Conciliation Act, 1996, Section 21 -- Commencement of arbitral proceedings - Arbitral proceedings commence on the date on which a request for disputes to be referred to arbitration is received by respondent...........
Arbitration and Conciliation Act, 1996, Section 16, 11 -- Issue of limitation - It is a jurisdictional issue, which would be required to be decided by arbitrator u/s 16 of the Act and not High Court at pre-reference stage u/s 11 of the Act...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Issue of limitation raised to oppose appointment of arbitrator - Said issue being jurisdictional issue cannot be decided by High Court at pre-reference stage u/s 11 of the Act - Issue of limitation be decided by arbitral Tribunal - Former Judge of Supreme Court thus, appointed as Sole..........
Arbitration and Conciliation Act, 1996, Section 11(5) -- Appointment of sole arbitrator - Person interested in outcome or decision of dispute has no power to appoint a sole arbitrator...........
