Arbitration and Conciliation Act, 1996, Section 15, 16 -- Arbitrator - Removal - Appointment of former employee of State as arbitrator - Objection - Act does not disqualify a former employee of State over 10 years ago from acting as an arbitrator, provided that there are no justifiable doubts as to his independence and impartiality - Even otherwise, appointment made prior..........
Consumer Protection Act, 1986, Section 2, 12, Arbitration and Conciliation Act, 1996, Section 8 -- Consumer complaint - Arbitration agreement between parties - Dismissal of application filed u/s 8 of Arbitration Act - Order upheld - Consumer complaint can be proceeded with despite there being an arbitration agreement between the parties...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Arbitration award - Objections - Condonation of delay - S.5 of Limitation Act is not applicable to an application u/s 34 Arbitration Act...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 14 -- Arbitration award - Objections - S.14 of Limitation Act is applicable to an application u/s 34 of Arbitration Act...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Objections - Limitation - Three months - Period can be extended for a further period of thirty days on showing sufficient cause and not thereafter - Use of words "but not thereafter" in the proviso makes it clear that extension cannot be beyond thirty days...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 14 -- Arbitration award - Objections - Delay of 131 days in filing application even after getting benefit of S.14 of Limitation Act - That is beyond strict time line prescribed in S.34(3) of the Arbitration Act - Delay of 131 days cannot be condoned...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Objections - Condonation of delay - Administrative difficulties not a valid reason to condone delay above and beyond the statutory prescribed period u/s 34 of Arbitration Act...........
Arbitration and Conciliation Act, 1996, Section 11(6), 12(5) -- Appointment of arbitrator - Named arbitrator employee of one of the parties - Not ipso facto ground to raise presumption of bias or lack of independence on his part...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of an arbitrator - Challenge as to - Said issue has to be raised before the arbitrator himself at the first instance...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Challenge as to - Any challenge regarding appointment of arbitrator as per terms of agreement between parties must be viewed in context of agreement between the parties...........
