Arbitration and Conciliation Act, 1996, Section 37(1)(c) -- Arbitral award - Appeal against - Conjoint reading of all documents reveal that there were no guidelines at all that provide for royalty being factored as cost while fixation of tariff - Finding of Arbitral Tribunal regarding existence of law to the effect that royalty payable shall be permitted as a pass-through..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stay of proceedings during pendency of Arbitration proceedings - Both civil and criminal proceedings can continue simultaneously if both arise from separate cause of action - Arbitration proceedings are with regard to civil dispute arising on alleged violation of terms of agreement whereas proceedings..........
Arbitration and Conciliation Act, 1996, Section 31(7)(a), 34 -- Interest on delayed payment - Specific term of agreement entered into by and between parties provided for payment of interest on delayed payment as per terms of contract - However, rate of interest was not specifically agreed upon - Blank space in `appendix to bid' cannot be construed as cancellation of clause..........
Arbitration and Conciliation Act, 1996, Section 44 -- Parts I, II - Foreign award - Execution - Clause of settlement agreement showing that arbitration is to be resolved "in Zurich" in accordance with Rules of Conciliation and Arbitration of International Chamber of Commerce (ICC) - Zurich therefore determined to be juridical seat of arbitration - Arrangement accepted by..........
Arbitration and Conciliation Act, 1996, Section 20(1) -- Seat of arbitration - Parties by mutual agreement changed venue of arbitration from Jaipur to Ahmedabad - Exclusive jurisdiction now vests in Courts at Ahmedabad...........
Arbitration and Conciliation Act, 1996, Section 20(1) -- Seat of arbitration - Seat of arbitration replaced by mutual agreement from Jaipur to Ahmedabad - Courts at Rajasthan are no longer vested with jurisdiction as exclusive jurisdiction now vests in Courts at Ahmedabad, given the change in seat of arbitration - Parties thus, referred to Courts at Ahmedabad for..........
Arbitration and Conciliation Act, 1996, Section 11(5), (6) -- Appointment of sole arbitrator - Agreement to sell - Arbitration clause therein - Dispute as to cancellation of agreement of sale - Out of Court settlement - Settlement has not been recorded nor made a part of order so as to bind parties and to indicate that dispute had been resolved - No material brought on..........
Arbitration and Conciliation Act, 1996, Section 8, 11 -- Appointment of arbitrator - Four separate agreements entered into between parties - Provision for arbitration contained in Clause 20 is similar in all agreements - Considering nature of issues involved being mainly with regard to conversion of preference shares into equity shares and formula to be worked, dispute can..........
Arbitration and Conciliation Act, 1996, Section 11(6), 8 -- Appointment of arbitrator - Unsafe to conclude, in the given facts of the instant case, as to whether an arbitration agreement exists between the parties - A deeper consideration of whether an arbitration agreement exists between the parties must be left to an Arbitrator who is to examine the documentary evidence..........
Arbitration and Conciliation Act, 1996, Section 11(6), 8 -- Appointment of arbitrator - Unsafe to conclude that there is an arbitration agreement in between the parties - Sole arbitrator appointed, who will determine as a preliminary issue as to whether an Arbitration agreement exists between the parties and go to decide the merits of case only if it is first found that..........
