Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Court exercising jurisdiction u/s 34 of the Act does not sit as a Court of appeal over decision of an arbitral tribunal - So long as the view of arbitrator is a plausible one though it may not be the only possible view, there should be no interference by Court u/s 34 of the Act...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - When Court declined to interfere with the award u/s 34 of the Act, there was no justification at all for Division Bench of High Court to set aside award u/s 37 of the Act...........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Arbitral award - While exercising jurisdiction u/ss 34, 37 of the Act, Courts cannot modify an arbitral award...........
Arbitration and Conciliation Act, 1996, Section 16(2) -- Jurisdiction of Arbitral Tribunal - Plea of lack of jurisdiction of arbitral Tribunal cannot be raised after submission of statement of defence...........
Arbitration Act, 1940, Section 17 -- Application u/s 17 of the Act - Limitation for filing application u/s 17 of the Act begins from awareness of existence of award, not from the date of receiving a copy of award...........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Clause in agreement that if any dispute or difference arises between partners or their respective heirs or anyone claiming from them - Therefore, legal representatives or anyone claiming through a partner is entitled to invoke arbitration clause...........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement in the first clause of agreement - In second clause it was stated that arbitration shall be optional - This does not obliterate or write off the arbitration clause...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Where parties cannot agree upon a common name as to who will act as an arbitrator, Court can appoint the arbitral Tribunal...........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Termination of mandate of arbitral Tribunal - Termination of mandate under the provision is only conditional on the non-filing of an extension application and cannot be taken to mean that the mandate cannot be extended once it expires...........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making of award - An application for extension can be filed either before or after the termination of the Tribunal's mandate upon expiry of statutory and extendable period...........
