Constitution of India, 1950, Article 226 -- Arbitration and Conciliation Act, 1996, Section 43(1) - Limitation Act, 1963 - Judicial review - Arbitration - Limitation - Cause of action arose to the petitioner when the work was completed somewhere in 1988 - Dispute sought to be raised in 2003 seeking adjudication of the dispute in respect of no, preparation of final bill..........
Arbitration and Conciliation Act, 1996, Section 11 -- Nature and function of the Chief Justice or his designate under Section 11 of the Act summed up as follows:
i) The power exercised by the Chief Justice or the High Court or the Chief Justice of India under Section 11(6) of the Act is not an administrative but is a judicial power.
ii) The power under..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment of - Notification issued by High Court designating District Judge as competent authority to entertain the request for appointment of an Arbitrator only where the value of the subject-matter did not exceed Rs.25 lacs - Subject-matter of the dispute involving more than Rs.25 lacs - Order passed by..........
Constitution of India, 1950, Article 226 -- Arbitration and Conciliation Act, 1996 - Writ jurisdiction - Arbitration clause - Presence of in contract - Court declined to exercise writ jurisdiction...........
Arbitration and Conciliation Act, 1996, Section 45, 48 -- International arbitration - Reference by Court - Court before making/refusing reference has only to express prima facie view on issue of validity of arbitration agreement...........
Arbitration Act, 1940, Section 17, 30 -- Arbitration award - Non speaking award - Sustainability - It is not obligatory on the part of the Arbitrator or Umpire to record reasons in support of the award when neither arbitration agreement nor any deed of submissions required reasons to be recorded - In absence of such requirement under the agreement itself, the party cannot..........
Civil Procedure Code, 1908, Section 11 -- Principle of Res judicata - Execution of arbitration award - Question as regards applicability of Arbitration Act, 1940 or Arbitration and Conciliation Act, 1996 - Supreme Court or Division Bench of High Court earlier had not decided same - Order of Supreme Court directing that concerned arbitration award should be enforced in..........
Arbitration Act, 1940, Section 14(1) -- Limitation - Arbitrator filing the Award before Senior Sub Judge, Bathinda, within the prescribed period of limitation, which did not have the jurisdiction to entertain the same - Petitioner pursuing the case with diligence - Period spent before the Court at Bathinda liable to be excluded...........
Arbitration Act, 1940, Section 14(2) -- In an appeal Supreme Court appointed arbitrator - Arbitrator filed award in Supreme Court - Application u/s 14(2) filed before Court at Vishakhapatnam to issue a direction to Arbitrator to take back the Award from Supreme Court and to file it before the Court at Vishakhapatnam - Award ordered to be transmitted to Court at..........
Arbitration Act, 1940, Section 8, 20 -- Sole arbitrator - Appointment - Where one party proposes and the other party does not respond then it cannot be taken to be implied consent or acquiescence - In that event it is the Court who is to appoint the arbitrator...........
