Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Parties can be referred to arbitration in an application u/s 8 of the Act only if subject matter of suit is also same as subject matter of arbitration...........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Where parties have settled their differences and compromise the matter as per which parties have entered into a new arrangement, arbitration clause in prior agreement cannot be invoked in the dispute subsequently arising between parties - High Court erred in holding that existence of..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Compromise decree - Plea of fraud - Where plea that compromise decree is vitiated by fraud has been raised, merits of such plea could only be decided by civil Court upon consideration of evidence adduced by parties, parties cannot be referred to arbitration...........
Arbitration and Conciliation Act, 1996, Section 11(6), 20 -- Appointment of arbitrator - Jurisdiction - Parties agreed that `venue' of arbitration shall be at Bhubaneswar - Intention of parties is to exclude all other Courts - Non use of words like `exclusive jurisdiction', `only', `exclusive', `alone' is not decisive and does not make any material difference - Held, it is..........
Arbitration and Conciliation Act, 1996, Section 34, 12 -- Arbitral award - Setting aside - Ground of impartiality of arbitrator - Arbitrator acted as a counsel in other cases for one of parties to arbitral proceedings - He proceeds with the matter in absence of appellants without disclosing said facts as per S.12(1) of the Act, despite objection raised with regard to his..........
Arbitration and Conciliation Act, 1996, Section 36(3) - - Stay of arbitral award - Expression `having regard to' - Mean provisions of CPC to be taken into consideration and not that they are mandatory - Mere reference to CPC in S.36 of the Act cannot be construed in such a manner that it takes away the power conferred in the Act itself...........
Arbitration and Conciliation Act, 1996, Section 36(3) - - Money decree award - U, conditional stay of award - Validity - S.36 of the Act does not provide for any special treatment to Government while dealing with grant of stay in an application under proceedings of S.34 of the Act - Grant of stay is to be conditional as per S.36(3) of the Act - Courts ought not to pass an..........
Arbitration and Conciliation Act, 1996, Section 14 -- Arbitrator - Cannot be removed merely because order passed by such arbitrator states that fee of arbitrator would be payable as per Schedule of the Act and not as per fee fixed in agreement...........
Arbitration and Conciliation Act, 1996, Section 31(8), 31A -- Arbitrator's fees - Though it is true that arbitrator's fees may be a component of costs to be paid but it is a far cry thereafter to state that Ss.31(8), 31-A of the Act would directly govern contracts in which a fee structure has already been laid down...........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - High Court has no jurisdiction to set aside partial award made u/s 16 of Arbitration and Conciliation Act, in a writ petition filed against an order made by District Judge in an untenable application...........
