Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Claims sought to be submitted to arbitration were raised as afterthought - Plea of coercion and economic duress leading to settlement agreement is an afterthought - High Court committed error in allowing application u/s 11(6) of the Act - Order of High Court set aside...........
Arbitration and Conciliation Act, 1996, Section 31(7)(a) -- Arbitral award - Interest pendente lite - Arbitrator/arbitral Tribunal can award pendente lite interest if there is no specific bar under the contract...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Award of arbitrator put into execution and not decree of Court - O.21.R.11 CPC is not applicable...........
Arbitration and Conciliation Act, 1996, Section 34(2)(a) -- (Prior to amendment) - Arbitral award - Evidence by way of affidavit - Person may not be permitted to file affidavit by way of evidence/additional evidence, if from record before arbitrator, same can be established and proved that subject matter of dispute is not capable of settlement by arbitration under the law..........
Arbitration and Conciliation Act, 1996, Section 34(2)(a) -- (Prior to amendment) - Arbitral award - Evidence by way of affidavit - In exceptional cases and if it is brought to Court on matters not containing record of arbitrator that certain things are relevant for determination of issue arising u/s 34(2)(a) of the Act, then party who has assailed award on the grounds set..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - High Court was not right in dismissing petition by giving a finding on novation of Share Purchase Agreement between parties - Said aspect would have a bearing on merits of controversy between parties - It must be left to Arbitrator to decide on said issue also - Impugned order set aside -..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - When agreements in question contains arbitration clauses, Court ought to have allowed application u/s 11(6) of the Act and ought to have left issue on arbitrability of dispute between parties to arbitrator...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Share subscription and Shareholders agreement containing arbitration clause - Pendency of proceedings at the instance of respondent as minority shareholder for oppression and mismanagement before NCLT, is not ground to dismiss application u/s 11(6) of the Act, as same should be left to..........
Arbitration and Conciliation Act, 1996, Section 34 -- Application u/s 34 of the Act - Jurisdiction of Court - Where High Court has no original jurisdiction, concerned District Court can be said to be Court - Proceedings u/s 34 of the Act against award passed by arbitrator shall lie before concerned District Court as defined u/s 2(e) of the Act...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Three arbitration agreements executed between parties - Identical arbitration clause contained in all three agreements not disputed - Respondent himself proposed to consolidate dispute under said agreements and to refer them to a sole arbitrator to one single arbitration, thus respondent..........
