Arbitration and Conciliation Act, 1996, Section 37, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Award - Sole Arbitrator states that expression `suit' u/s 22 SICA would include arbitration proceedings against guarantor in respect of a loan borrowed by principal borrower which is before BIFR - Order of sole Arbitrator set aside - Appeal allowed...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Division Bench committed error by setting aside arbitral award by taking into facts which were neither pleaded nor proved before Arbitrator - It is not possible for a Bench hearing an objection against arbitral award to do `rough and ready justice' - Award read as a whole is just, fair..........
Arbitration and Conciliation Act, 1996, Section 11, 14, 15, 32 -- Appointment of sole arbitrator - Challenge to mandate of Arbitrator Tribunal - Arbitral Tribunal failed to perform its function - No justification reasons which shows the inability of the members of Tribunal to proceed in the matter as matter lingered on for almost 4 years - Members did not mend their ways..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of third arbitrator - Held, when CJI exercises his jurisdiction u/s.11(6) he is to be guided by provisions contained in the Act of 1996 and generally accepted practices in other international jurisdictions - CJI would also be anxious to ensure that no doubts are cast on neutrality, impartially and..........
Arbitration and Conciliation Act, 1996, Section 11(6), 13, 15 -- Arbitrator - Appointment - Arbitration clause that sole arbitrator would be ED(NR) or his nominee and no one else - It is not open to either of the parties to unilaterally appoint any arbitrator for resolution of the dispute...........
Contract Act, 1872, Section 17, Arbitration Act, 1940, Section 32,33 -- Arbitral award - To avoid stamp duty - References to arbitration, proceedings before arbitrator, awards of arbitrator and proceedings in court to get decrees in terms of awards, and decrees in terms of award were all sham and bogus - Sole fraudulent object being to avoid payment of stamp duty and..........
Arbitration and Conciliation Act, 1996, Section 15 -- Substitute arbitrator - Arbitrator appointed by one party declining to accept the appointment - No provision in agreement of appointment of a substitute arbitrator in case there is refusal to act - Held, in such a case substitute arbitrator cannot be appointed and the arbitrator appointed by the other party becomes..........
Arbitration and Conciliation Act, 1996, Section 32(2), Civil Procedure Code, 1908, Section 89 -- Civil suit - Reference of matter to arbitrator by way of agreement - Held, once dispute between parties has been taken before said forum sole arbitrator, the proceedings would be governed by provisions of the Act of 1996 by virtue of S.89 of the CPC - It necessarily follows..........
Arbitration and Conciliation Act, 1996, Section 34, 37, 38 -- Arbitration proceedings - Counter claim - Arbitration fee - Advance payment of - Challenge to direction issued by arbitral tribunal calling upon appellant to deposit arbitration fees in advance in relation to counter claim direction issued by sole arbitrator which is ascribable to order u/s 38 of the Act of 1996..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Expiry of period of 30 days - Appointment of arbitrator after party demanding such appointment has already moved the Court u/s. 11 of the Act is no appointment in eyes of law, as party`s right has been forfeited - Court can appoint sole arbitrator...........
