Arbitration and Conciliation Act, 1996, Section 12(5) -- Appointment of arbitrator - Challenge as to - Managing Director of appellant could not have acted as an arbitrator himself being rendered ineligible to act as arbitrator, as there is arbitrator's relationship with parties, consequently any appointment made by him would be null and void - There is no express agreement..........
Arbitration and Conciliation Act, 1996, Section 11(6), 15(2), 34 -- Application for appointment of arbitrator - Non-adjudication with regard to limitation and/or validity of the counter claim made and/or decision by Council operating as res-judicata - As per the mandate of the arbitral Tribunal appointed by the parties stood terminated with their withdrawal from the office..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitration Clause - Unstamped Agreement - One reasonable way of harmonising provisions contained in Ss.33 & 34 of Maharashtra Stamp Act which is a general statute insofar as it relates to safeguarding revenue and S.11(13) of the Act which applies specifically to speedy resolution of disputes by appointment of..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of sole arbitrator - Dispute arisen between parties emanating from partnership deed - Both the partnership agreements are between same parties and have identical arbitration clause - Retired Judge of Himachal Pradesh appointed as Sole Arbitrator subject to declaration being made u/s 12 of the Act and ability..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Work contract between parties - Prosecution never alleged that accused entered into agreement with fraudulent or dishonest intention inducing complainant to enter into work contract - Dispute between parties is of civil in nature and as per arbitration clause in agreement, complainant can very well approach arbitrator..........
Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972, Section 3 - - Recovery citation - Government contract - Issuance of recovery citation contrary to arbitration clause of agreement which was not invoked - Recovery proceedings, without there being recourse or decision by arbitrator - Held, not tenable...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Execution of no claim/discharge voucher - Arbitrator can still be appointed if claimant contents that it was obtained by fraud, coercion, duress or undue influence - Mere plea of fraud, coercion or undue influence in itself is not enough and the party who so alleges is under obligation to..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Insurance claim - Settlement of claim - Plea of fraud - Mere plea of fraud, coercion or undue influence in itself is not enough and party who so alleges is under obligation to prima facie establish the same by placing satisfactory material on record before Chief Justice or his Designate to..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - It is judicial power and not mere administrative function leaving some degree of judicial intervention when it comes to question to examine existence of a prima facie arbitration agreement it is always necessary to ensure that dispute resolution process does not become unnecessarily..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Insurance claim - Settlement of claim - Plea of fraud - Respondent signed discharge voucher in full and final settlement with accord and satisfaction - Appointment of arbitrator sought after 11 weeks of settlement of claim and release of discharge voucher - Discharge and signing of letter..........
