Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator - Appointment - Arbitration agreement - Unless an inference can be drawn from the facts that the parties intended to be bound only when a formal agreement had been executed, the validity of the agreement would not be affected by its lack of formality...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator - Appointment - Arbitration agreement - Intention of parties has to be considered in order to conclude whether parties were ad idem as far as adopting arbitration as a method of dispute resolution was concerned - Minor differences do not affect the intention of parties - Plea that in the absence of signed..........
Arbitration and Conciliation Act, 1996, Section 7, 11(6) -- Appointment of Arbitrator - Tenders invited by BSNL for supply of certain goods - Documents provided that in the event of dispute having arisen in regard to award of contract, it will be decided by arbitration -Bidder awarded contract in respect of certain quantity of goods - Dispute that bidder is entitled to..........
Arbitration and Conciliation Act, 1996, Section 7, 8 -- Dissolution of partnership and rendition of account - Petitioner filed an application for referring dispute to arbitrator on the ground that partnership deed contains stipulation that in matter regarding interpretation of deed or any other matter relating to the affair of the firm it shall be referred to the..........
Limitation Act, 1963, Article 113, Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration agreement containing limitation clause - Arbitrator rejected the claim of the petitioner on the ground that it was time barred in face of limitation clause under agreement - Held, period of limitation as prescribed by Limitation Act cannot be curtailed by limitation clause..........
Arbitration and Conciliation Act, 1996, Section 34 -- Jurisdiction of arbitrator - Agreement - Matters which are excluded from the reference to the arbitration cannot be referred to or decided by the arbitrator - Agreement between PUNSUP and rice miller for milling of paddy - Agreement containing arbitration clause - Agreement containing stipulation that dispute relating..........
Arbitration Act, 1940, Section 30, 33 -Arbitration award - Setting aside - When the Arbitrator or the Umpire ignored the specific terms or had acted beyond the four corners of the contract, it is open for the court to set aside the award on the ground that the Arbitrator could not ignore the law or misapply the terms of the contract in order to do what he thought was just..........
Arbitration and Conciliation Act, 1996, Section 14 -- Time limit for arbitration proceedings - Arbitration agreement itself providing the procedure for enlargement of time and parties took recourse to it and consented to the enlargement of time by the arbitrator - Held, Court cannot exercise its inherent power in extending the time fixed by the parties in the absence of..........
Arbitration and Conciliation Act, 1996, Section 14 -- Time limit for arbitration proceedings - Time mutually agreed to by the parties - Arbitrator is bound to make and publish the award within time mutually agreed to by the parties, unless the parties consented to further enlargement of time - Condition precedent for enlargement of time depends only on the consent of the..........
Arbitration and Conciliation Act, 1996, Section 8, 11, 15(2) -- Pendency of application u/s 8 of the Act - Not a bar for appointment of an arbitrator u/s 11 or S.15(2) of the Act - Arbitrator so appointed can proceed with the arbitration - Furthermore during pendency of an appeal against order dismissing application U.O.7.R.11 CPC on the ground that dispute requires to be..........
