Arbitration and Conciliation Act, 1996, Section 11, Rajasthan Stamp Act, 1999, Section 37 -- Appointment of arbitrator - An arbitrator cannot be appointed u/s 11 of Arbitration and Conciliation Act on the basis of document/MOU, which is liable to be impounded u/s 37 of Rajasthan Stamp Act...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 14(2) -- Arbitral award - Setting aside - Condonation of delay - Delay of 296 days - Plea of petitioner that Project Implementation Unit at Nagpur mistakenly filed petition u/s.34 of the Act in Yavatmal where project was implemented, where Court held that it has no jurisdiction - Petitioner..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitrator - Where there are serious allegations of fraud, they are to be treated as no, arbitrable and it is only civil Court which should decide such matters - However, where there are allegations of fraud simplicitor and such allegations are merely alleged, it may not be necessary to nullify the effect of..........
Arbitration and Conciliation Act, 1996, Section 8, 16 -- Reference to arbitrator - Allegations of criminal wrong doing or of statutory violation would not detract from jurisdiction of arbitral tribunal to resolve a dispute arising out of a civil or contractual relationship on the basis of jurisdiction conferred by arbitration agreement...........
Arbitration and Conciliation Act, 1996, Section 50, , Section 5, 13 -- Arbitration - Letters Patent Appeal - Appeal against judgment of single Judge in an international Arbitration matter - Letters Patent Appeal is maintainable...........
Arbitration Act, 1940, Section 30 -- Arbitral award - Setting aside - An award can be set aside only on the grounds specified in S.30(a), (b), (c) of the Act - Grounds such as inadequacy of reasons in support of an award, error committed by arbitrator on facts, alternate or/and more plausible view could be taken then what is taken by arbitrator, improper appreciation of..........
Arbitration Act, 1940, Section 30 -- Arbitral award - Setting aside - High Court committed error by setting aside award and acted like an appellate Court and virtually treated as if appeal arose directly against the award and then proceeded to examine all factual findings of arbitrator by appreciating evidence - It was not permissible in law - Moreover, there was no..........
Arbitration and Conciliation Act, 1996, Section 10, 11 -- Appointment of independent arbitral tribunal - Non-payment of contractual amount - There is no impediment in making reference of the dispute to the arbitrator particularly with regard to two other cases between the same parties, where also the vigilance enquiry is pending and reference to arbitration is made - Even,..........
Indian Contract Act, 1872, Section 62 -- Novation - Two arbitration agreements - Subsequent agreement in the nature of amendment to prior agreement and subsequent agreement not resulted in substituting or rescinding or extinguishing prior agreement - It cannot be said that there is novation of contract, as prior agreement became part of subsequent agreement - Moreover,..........
Arbitration and Conciliation Act, 1996, Section 2(f) -- International commercial arbitration - Two arbitration agreements - American company along with two Indian companies is a party to both the agreements - Both the agreements thus became an international commercial arbitration within the meaning of S.2(f) of the Act...........
