Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - Four agreements - All the four agreements are interconnected - It is a case where several parties are involved in a single commercial project executed through several agreements - All the parties thus, covered by arbitration clause in main agreement - Dispute between parties to various..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - Refusal - Four agreements - Allegation of fraud - Where serious questions of fraud are involved, arbitration can be refused - There is no serious allegations of fraud levelled in the present case - Only allegation is that appellant misrepresented by inducing respondents to pay higher price for..........
Arbitration and Conciliation Act, 1996, Section 8, 85 -- Reference to arbitration - Reference to Arbitration Act, 1940 in partnership containing arbitration clause executed much after enactment of 1996 Act - An incorrect reference or recital regarding applicability of 1940 Act would not render entire arbitration agreement invalid - Since agreement in question completely..........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Arbitration clause - Required to be strictly construed - Any expression in clause must unequivocally express the intent of arbitration - If a clause stipulates that under certain circumstances there can be no arbitration and they are demonstrably clear then controversy pertaining to appointment of..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Industrial Fire risk policy - Arbitration clause - Clause in policy specifically stated that if insurer disputed or not accepted liability, no difference or dispute shall be referred to arbitration - Insurance company repudiated the claim by denying to accept liability - No inference can..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Clause 19 of contract clearly stated that no escalation is permissible to contractor for increase in wages of labour due to statutory hike during execution of contract - Since respondent voluntarily agreed before accepting contract, any departure cannot be allowed - Even..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Concession agreement - Dispute regarding default in releasing payment to petitioner company by respondent company - Arbitration clause exists in agreement - Former Judge of Supreme Court appointed as sole arbitrator to adjudicate disputes between parties...........
Arbitration and Conciliation Act, 1996, Section 34(3) -- Arbitral award - Setting aside - Limitation - Condonation of delay - S.34(3) Proviso of the Act, gives discretion to Court to condone delay for sufficient cause, but that discretion cannot be extended beyond period of 30 days, which is made exclusively clear by use of words `but not thereafter', which is mandatory..........
Arbitration and Conciliation Act, 1996, Section 34, 31(5) -- Arbitral award - Setting aside - Limitation - Appellant accepted award being head of family on behalf of himself and his family under an acknowledgment, in terms of compliance of S.31(5) of the Act - Service of arbitral award on appellant thus, amounts to service on other appellants and they cannot plead no,..........
Arbitration and Conciliation Act, 1996, Section 34, 16(2) -- Arbitral award - Setting aside - Objection as to jurisdiction - Can be raised u/s 34 of the Act, even if no such objection was raised u/s 16 of the Act...........
