Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making of award - COVID pandemic had commenced even before the expiry of permissible time of 12 months for seeking extension, from the completion of pleadings - Court excluded the period between 15.03.2020 to 28.02.2023 in view of Re: Cognizance for Extension of Limitation case..........
Arbitration and Conciliation Act, 1996, Section 34, 37, Limitation Act, 1963, Section 14 -- Arbitral award - Objections - Exclusion of time u/s 14 of Limitation Act - S.14 of Limitation Act is applicable to proceedings u/ss 34 & 37 of Arbitration Act...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Scope of inquiry u/s 11 of the Act is limited to ascertaining the prima facie existence of an arbitration agreement...........
Arbitration and Conciliation Act, 1996, Section 11 -- Scope of judicial interference of referral Courts - With a view to balance limited scope of judicial interference of referral Courts with the interests of parties who might be constrained to participate in the arbitration proceedings, Arbitral Tribunal may direct that the costs of arbitration shall be borne by party..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Existence of arbitration agreement has not been disputed by respondent - Question whether there exists a valid dispute to be referred to arbitration can be addressed by Arbitral Tribunal as a preliminary issue - Former Chief Justice of Punjab & Haryana High Court appointed as the sole..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - At the stage of application u/s 11 of the Act, referral Courts need only to examine whether arbitration agreement exists nothing more, nothing less...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - While determining the issue of limitation in the exercise of powers u/s 11(6) of the Act, referral Court must only conduct a limited enquiry for the purpose of examining whether S.11(6) application has been filed within limitation period of three years or not - At this stage, it would not..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Parties do not have the right of appeal against any order passed by referral Court u/s 11 of the Act, be it for either appointing or refusing to appoint an arbitrator...........
Arbitration and Conciliation Act, 1996, Section 36(3) -- Stay of execution of arbitral award - Form of security required to be furnished should not depend on whether a party is a statutory or other governmental body or a private entity - Therefore, High Court ought not to have based its decision on the condition for grant of stay on the status of respondent as a statutory..........
Arbitration and Conciliation Act, 1996, Section 11, Public Premises (Eviction of Unauthorised Occupants) Act, 1971 -- Arbitration proceedings - Public Premises Act neither bars nor overlaps with the scope and ambit of proceedings initiated under the Arbitration and Conciliation Act...........
