Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration - Clause in agreement as to `deposit-at-call' for ten percent of the amount claimed to seek arbitration to avoid frivolous claims - This clause will discourage arbitration which is contrary to the object of de-clogging the Court system, and would render the arbitral process ineffective and expensive -..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Application for appointment of arbitrator - Maintainability of application - Dispute regarding no, payment for construction work completed by contractor as agreed under contract - Only remedy available for contractor is to seek arbitration as per arbitration clause under the contract hence, application for..........
Arbitration and Conciliation Act, 1996, Section 11(6), Karnataka Stamp Act, 1957, Article 5(id) -- (as inserted by Act of 2012) - Application for appointment of arbitrator - Plea that work contract executed between parties is not properly stamped - However, from perusal of relevant provisions of law, it is evident that on agreements sufficient stamp duty has been paid as..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of second arbitrator - Merely because, arbitrator who adjudicated the dispute has said in the order that he has no jurisdiction to entertain the application is no ground for appointment of another arbitrator...........
Arbitration and Conciliation Act, 1996, Section 11, 16(2), 37(2)(a) -- Second arbitration - Not permissible - As application u/s 16(2) of the Act is appealable u/s 37(2) (a) of the Act...........
Arbitration and Conciliation Act, 1996, Section 11 -- Second arbitration - Arising out of the same contract work and between the same parties - Not permissible - As basic fundamental of the rule of law is that there cannot be two litigations for the same contract...........
Arbitration and Conciliation Act, 1996, Section 48 -- Foreign awards - Scheme of S.48 of the Act does not envisage piecemeal consideration of issue of maintainability of execution case concerning foreign awards in the first place and then issue of enforceability thereof - Whereas, keeping in mind the legislative intent of speedy disposal of arbitration proceedings and..........
Family Courts Act, 1984, Rule 8(viii), Arbitration and Conciliation Act, 1996, Section 75, 81 -- Mediation - Report of Counsellor - Confidentiality - Custody of child - Principle of confidentiality will not apply in matters concerning custody and guardianship issues and Court, in best interest of child must be equipped with all material touching upon relevant issues in..........
Family Courts Act, 1984, Rule 8(viii), Arbitration and Conciliation Act, 1996, Section 75, 81 -- Mediation - Statement made in mediation proceedings - Confidentiality - Custody and guardianship issues - Statements made by parents during course of mediation may not be relied upon on the ground of confidentiality - But natural responses and statements made by minor to..........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Arbitration clause in separate document - Principle of incorporation by reference of an arbitration clause from another document or contract is provided in statute itself u/s 7(5) of the Act, as arbitration agreement need not necessarily be in the form of a clause in substantive contract itself..........
