Arbitration and Conciliation Act, 1996, Section 9 -- Arbitration clause - Seat of Arbitration - Implied exclusion - When stipulation are read and appreciated in contextual perspective, `the presumed intention' of parties is clear as crystal that juridical seat of arbitration would be London, then Courts in India will not have jurisdiction as there is implied exclusion...........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief - Bank guarantee - Correspondence placed on record reveals that each party is blaming other for slow progress of work - It also reveals that substantial part of project remains incomplete - It is not possible at this stage to conclude that delays are only due to one or other party - This would require..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief - Grant of - Procedure to be followed - Held, S.9 of the Act does not lay down any specific condition or any procedure for grant of interim relief - Therefore, when a party approaches a court of law for grant of relief by way of injunction in the absence of..........
Arbitration and Conciliation Act, 1996, Section 9 -- Proceedings u/s 9 of the Act - Grant of interim relief - Held, proceedings u/s 9 of the Act are in contemplation of arbitral proceedings likely to be initiated or pending and the grant of interim measure though independent to arbitral proceedings cannot go beyond the final relief which is likely to be claimed or claimed..........
Arbitration and Conciliation Act, 1996, Section 9 -- Franchising agreement - Right to do business - Restriction thereon - Held, franchisor is definitely bound by agreement and also franchisee - But if agreement itself restrict and define exclusive area, then in that case, the submission that franchisor is not permitted to open any other salon in any other area within the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Arbitration and Conciliation Act, 1996, Section 9 -- Franchising agreement - Interim injunction - Refusal - Advertisement in area since December 2011 with regard to opening of new salons by Respondent - Petitioner was well aware of opening of salons in area, yet never moved and/or made any representation to Respondent as..........
Arbitration and Conciliation Act, 1996, Section 9 -- Application u/s 9 - Civil court while disposing of an application u/s 9 can avail of auxiliary or incidental powers98 which are at its disposal under CPC...........
Arbitration and Conciliation Act, 1996, Section 9 -- Application u/s 9 - Interim measure - Grant of - Held, where civil court is approached for an interim measure of protection u/s 9 before commencement of arbitral proceedings there should be clear averment in petition u/s 9 evincing a manifest intention on part of applicant to go for arbitration...........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim order - Arbitral proceedings - Pendency of - Vide Deed of Assignment Respondent parted with 50% of her right, title and interest in the Trade Mark "Naturoma Herbal" absolutely and for ever in 2000 - Deed of Assignment never acted upon - Plea of respondent that same was revoked in 2007 - However, in view of..........
Arbitration and Conciliation Act, 1996, Section 9 -- Parties agreed to exclude applicability of Part I of the Act to their arbitral proceedings - Therefore, High Court at Delhi does not have jurisdiction to entertain application u/s 9 of the Act...........
