Arbitration and Conciliation Act, 1996, Section 45 - - Multiple agreements - Two of the agreements did not contain any arbitration clause but executed in furtherance to and for compliance of terms and conditions of mother agreement which contained arbitration clause - Held, they were, thus, intrinsically inter-connected with mother agreement...........
Arbitration and Conciliation Act, 1996, Section 45 - - Different agreements between the parties providing for alternative remedies - Held, it does not necessarily mean that the other remedy or jurisdiction stands ousted...........
Arbitration and Conciliation Act, 1996, Section 45, Civil Procedure Code, 1908, Section 151 - - Inherent Power - Exercise of - Scope - Provisions of S.45 are to prevail over provisions of CPC - When Court is satisfied that agreement is enforceable, operative and is not null and void, it is obligatory upon Court to make reference to arbitration and pass appropriate orders..........
Arbitration and Conciliation Act, 1996, Section 45, 11(6) - - Appointment of - Procedure - Held, appointment u/s 45 of the Act would be governed by provisions of S.11(6) of the Act...........
Arbitration and Conciliation Act, 1996, Section 45 - - Multiple agreement - Executed on same day for same purpose - Some contained arbitration clause and others don't - Parties not identically common in proceedings before Court - Parties to an action claiming under or through party to arbitration agreement - Held, disputes referred to and arising from multiple agreements..........
Arbitration and Conciliation Act, 1996, Section 31(5), 34(2), 2(h) -..........
Arbitration and Conciliation Act, 1996, Section 35 -..........
Telegraph Act, 1885, Section 7B, Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award u/s 7B of Telegraph Act - Cannot be challenged u/s 34 of Arbitration Act - Can be challenged under Article 226 Constitution of India...........
Arbitration and Conciliation Act, 1996, Section 34 -- Award - Setting aside of - Duty of Court - Held, trial Court cannot sit as Court of Appeal over the award of arbitrator - Trial Court cannot examine merits of claim by examining evidence and material on record - In present case, arbitrator, who was a technical expert, after examining material on record, came to the..........
Arbitration and Conciliation Act, 1996, Section 34, 16(2) -- Award - Setting aside of - Objection regarding jurisdiction - Held, S.16(2) of the Act clearly stipulates that objection regarding jurisdiction of arbitrator has to be raised not later than the submission of statement of defence - In instant case, no such objection was raised by Miller before arbitrator either in..........
