Arbitration and Conciliation Act, 1996, Section 34 -- Petition u/s 34 of the Act - Court while deciding said petition has no jurisdiction to remand matter to Arbitrator for a fresh decision...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of sole arbitrator - Dispute between government company and State through its authority Maharashtra Housing and Area Development Authority (MHADA) - Dispute between parties not resolved by mutual hearing - Keeping in view the nature of controversy, status of parties and mandate contained in O.27.R.5 CPC,..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17 -- Applicability of S.17 of Limitation Act to Arbitral award - Once party has received award, limitation period u/s 34(3) of Arbitration Act commences - S.17 of Limitation Act would not come to rescue of such objecting party...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17 -- Applicability of S.17 of Limitation Act to Arbitral award - Once respondents received award, time u/s 34(3) commenced and any subsequent disability even as per S.17 or S.9 of Limitation Act is immaterial - Merely because appellant committed some fraud, it would not affect respondents..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17, 29(2) -- Applicability of S.17 of Limitation Act to Arbitral award - Arbitration Act is a `special law' which prescribes a specific period of limitation in S.34(3) for filing objections to an arbitral award passed under Arbitration Act - Consequently, provisions of Arbitration Act would..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17, 29(2) -- Applicability of S.17 of Limitation Act to Arbitral award - Extending S.17 of Limitation Act to S.34 of Arbitration Act would do violence to scheme of Arbitration Act and go contrary to principle of `unbreakability' enshrined u/s 34(3) of Arbitration Act...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17 -- Applicability of S.17 of Limitation Act to Arbitral award - Finality is a fundamental principle enshrined under Arbitration Act and a definite time limit for challenging an award is necessary for ensuing finality - If S.17 were to be applied, an award can be challenged even after 120..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 17 -- Applicability of S.17 of Limitation Act to Arbitral award - A party can challenge an award as soon as it receives award u/s 34 of Arbitration Act - Once award is received a party has knowledge of award and limitation period commences - Objecting party therefore, precluded from invoking..........
Arbitration and Conciliation Act, 1996, Section 20 -- Place of arbitration - Word place cannot be used as seat though both the words are used interchangeably - A venue can become a seat if something else is added to it as a concomitant - But a place unlike seat, at least as is seen in contract, can become a seat if one of conditions precedent is satisfied - It does not..........
Arbitration and Conciliation Act, 1996, Section 20 -- Place of arbitration - Parties are free to agree on place of arbitration as per Art.20 of UNCITRAL Model Law and in case of failure of agreement, Arbitral Tribunal is required to determine the same taking into consideration convenience of parties - But it had not been agreed upon and there has been no determination as..........
