Arbitration and Conciliation Act, 1996, Section 16, 37 -- Arbitral award - Whether an arbitral award rendered under the Act, 1996 where the arbitration proceedings was to be governed by the MP Act, 1983, can be set-aside or annulled solely on the ground of lack of jurisdiction, even when no such plea was raised before the arbitral tribunal in terms of Section 16..........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(4) -- Jurisdiction for arbitration in Facilitation Council - Appellant MSME is located in Delhi - In exercise of its power, Facilitation Council entrusted the conduct of arbitration through institutional aegis of Delhi Arbitration Centre - Private agreement between parties stands overridden by statutory..........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(4) -- Jurisdiction for arbitration in Facilitation Council - Agreement between parties stands overridden by statutory provisions under MSMED Act...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitration - While exercising jurisdiction u/s 11 of the Act, Court has to confine its consideration as to existence of an arbitration agreement between parties - Court is not empowered to bisect the claim in two parts i.e one arbitrable and other non-arbitrable...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside award - For S.18 of Limitation Act to apply the acknowledgment of liability must be within the period of limitation - Therefore, the decision of District Judge and Arbitrator is contrary to the provisions of the Limitation Act and is, therefore, opposed to the Public Policy of India and..........
Civil Procedure Code, 1908, Order 7, Rule 11, Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Article 18 -- Rejection of suit - Limitation - For Art.18 of Limitation Act to apply the acknowledgment of liability must be within the period of limitation - The acknowledgment of liability having been made beyond the stipulated period of limitation..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 3 -- Interim injunction - Arbitration proceedings - Appellants attempted to encash bank guarantee furnished by respondent - If appellants were permitted to invoke bank guarantee, prayer made in S.9 of Arbitration and Conciliation Act, arbitration petition would likely become infructuous - Interim order restraining..........
Civil Procedure Code, 1908, Section 47 -- Execution - Arbitral award - Objection - Challenging appointment of an arbitrator for first time during execution proceedings is generally not permissible - Arbitration and conciliation Act provides specific timelines and procedures for challenging an arbitrator's appointment - Application rightly dismissed...........
Arbitration and Conciliation Act, 1996, Section 34, Insolvency and Bankruptcy Code, 2016, Section 31(1), Civil Procedure Code, 1908, Section 47 -- Objection against execution - Maintainability - Once a resolution plan is duly approved by the adjudicating authority under sub-section (1) of Section 31, all claims which are not part of the resolution plan shall stand..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 47 -- Objection against execution - Only a decree which is a nullity can be the subject matter of objection under Section 47 CPC and not one which is erroneous either in law or on facts - Objection to execution of an award under Section 47 CPC is not dependent or contingent upon filing..........
