Arbitration and Conciliation Act, 1996, Section 37 -- Jurisdiction - Issues are whether there was a breach committed by L&T as held by the Arbitral Tribunal, and the second question is whether, if the finding of breach committed by L&T is upheld, the finding of the Arbitral Tribunal regarding damages can be revived - what cannot be done in the exercise of the powers under..........
Arbitration and Conciliation Act, 1996, Section 34(3), Limitation Act, 1963, Section 12 -- Arbitral award - Setting aside - Limitation - S.12 of Limitation Act applies while calculating limitation period u/s 34(3) of A&C Act...........
Arbitration and Conciliation Act, 1996, Section 34(3), Limitation Act, 1963, Section 12 -- Arbitral award - Setting aside - Reckoning of period of limitation - While calculating limitation period of 3 months u/s 34(3) of Arbitration Act, day on which respondent received a signed copy of award must be excluded as per S.12(1) of Limitation Act - Since 3 months time expires..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of sole arbitrator - Distributor agreement - Entire agreement shall be governed by and construed in accordance with the laws of India, and all matters arising from the agreement shall fall under the jurisdiction of Courts in Gujarat - Bogota, Colombia, has been designated as the venue for conciliation and..........
Arbitration and Conciliation Act, 1996, Section 8 -- Permanent prohibitory injunction - Appointment of arbitrator - Once a plea of existence of arbitration clause is taken in the written statement and the defendant persists with the same and objects to the jurisdiction of the trial court to proceed ahead with the suit, then the judicial authority is left with no discretion..........
Arbitration and Conciliation Act, 1996, Section 40, 2(1)(g), Partnership Act, 1932, Section 46, 48 -- Arbitration - Partnership Firm - Death of partner - Existence of arbitration agreement is not affected by death of a party to arbitration agreement - Persons claiming under the rights of a deceased person are the representatives of deceased party, and therefore both the..........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - Contention which was not raised in a petition u/s 34 of the Act, nor raised in appeal u/s 37 of the Act, cannot be raised first time in an appeal before Supreme Court...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Scope of appeal u/s 37 of the Act is limited...........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Settlement - Refund of Court fees is permissible only if the matter is referred to Arbitration, Conciliation, judicial settlement, including through Lok Adalat or meditation for settlement and case is decided in terms of such a settlement and not otherwise...........
Court Fees Act, 1870, Section 16 -- Refund of Court fee - Out of Court settlement - Second appeal was decided in terms of settlement out of Court and not on merits - Settlement in terms of which second appeal was decided by High Court is not on reference to any of authorities/fora i.e arbitration, conciliation, judicial settlement including through Lok Adalat or mediation..........
