Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Arbitration clause contained in another document - Reference to another document and incorporation of another document - Difference - In the former parties intend to adopt only specific portions or part of the referred document in contract and in the second case parties intend to incorporate..........
Arbitration and Conciliation Act, 1996, Section 9 -- Agreement to sell containing arbitration clause - Dispute having arisen referred to Arbitrator - Vendee asking for refund of earnest money paid to vendor and for restraining vendor from alienating property - Held, it is for Arbitrator to decide who committed breach of contract - High Court directed vendor not to alienate..........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - To understand and construct the various clauses of an arbitration agreement, Court may not depend only on the text but context as well in order to fully comprehend the context and the meaning of the clause...........
Arbitration and Conciliation Act, 1996, Section 34, 2(1) -- Arbitration award - Petition u/s 34 of the Act - To be filed before a Court which is empowered and has jurisdiction to entertain and decide such objections - Expression `Court' means principal civil Court of original jurisdiction in a district and includes the High Court in exercise of its ordinary original civil..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Challenge thereto - Power of court - Exercise thereof - Held, where arbitrator has applied his mind to the pleadings, evidence and the terms of contract then there is no scope for reappraisal of matter by Court as if it was an appeal - It is clear that where two views are possible, the view taken by..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Request to other party to appoint arbitrator - Failure to appoint - Party invoking jurisdiction of Court for appointment of an arbitrator - Thereafter other party appointing arbitrator - Held, that party to the agreement has a right to appoint an arbitrator even after expiry of 30 days but the..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - After completion of contract full and final payment received without any protest - Dispute raised after two years - High Court appointed arbitrator - Appointment set aside - No dispute existed between parties as contractor having received the final payment without protest had waived his right..........
Arbitration Act, 1940, Section 23 -- Additional issue - Arbitrator can frame an additional issue - Arbitrator has all the powers which the court itself would have in deciding the issues in the suit...........
Arbitration Act, 1940, Section 30 -- Arbitration award - Setting aside - Going beyond the terms of contract - Erroneous application of law and incorrect findings of fact demonstrable on the face of materials on record are legal misconduct which renders the award invalid - However, Court cannot reappraise evidence intrinsically with a close scrutiny for finding out the..........
Arbitration Act, 1940, Section 30 -- Arbitration award - View of arbitration if found plausible one then Court to refrain itself from interfering...........
