Arbitration and Conciliation Act, 1996, Section 11(6), Insolvency and Bankruptcy Code, 2016, Section 28 -- Appointment of arbitrator - Bar for invoking arbitration clause - S.28 of IBC, 2016 does not indicate that consent of Committee of Creditors is required by IRP to give authorization to another person for filing of arbitration application u/s 11 of the Act -..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitration and Conciliation (Amendment) Act, 2015, S.11(6A) - Appointment of arbitrator - Limitation - S.11(6) of Amendment Act, prohibits High Court from going into any other aspect other than examination of existence of arbitration agreement - Court is precluded from going into the issue of limitation...........
Arbitration and Conciliation Act, 1996, Section 8 -- Appointment of arbitrator - Dispute as to sharing of rent of lease space - Cl.19 of Addendum that in the event of any dispute and difference arising among parties out of, in connection with or relating to agreement will be referred to arbitration - High Court committed grave error in not referring dispute between parties..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of Arbitrator - Arbitration clause in partnership deed - Fraud - All allegations pertain to affairs of partnership and siphoning of funds therefrom and not to any matter in the public domain - This is a case which falls on the side of `simple allegations' as there is no allegation of fraud which vitiates the..........
Arbitration and Conciliation Act, 1996, Section 21, 85 -- Commencement of arbitral proceedings - Date on which notice was served to other party requesting appointment of an arbitrator, is the deciding factor as to whether 1940 Act applies or 1996 Act applies - In the instant case, notice was served to respondent in 2002 as such provisions of 1996 Act would apply to..........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Work contract - Cause of action in the case arose when final bill was handed over to respondent became due i.e on 8.2.1986 - Mere correspondence of appellant by way of writing letters/reminders subsequent to this date to respondent would not..........
Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5 -- Appointment of arbitrator - Limitation - Extension of time u/s 43(3) of 1996 Act - Period during which parties were bona fide negotiating towards a amicable settlement may be excluded for purpose of computing period of limitation for reference to arbitrator - However, entire..........
Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5 -- Appointment of arbitrator - Limitation - Extension of time - Appellant Company stated that it was involved in negotiation with respondent in 14 years preceding application before settlement committee - However, no evidence brought on record to show that they were required to..........
Arbitration and Conciliation Act, 1996, Section 11(6), National Highways Act, 1956, Section 3G(5) -- Appointment of arbitrator - Power being vested exclusively with Central Government to appoint an Arbitrator u/s 3G(5) of the Act, being a special enactment, application filed u/s 11(6) of the Act for appointment of an arbitrator was not maintainable - However, if Central..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Appellant appointed former Chairman cum Managing Director of Company itself as an arbitrator, who commenced arbitration proceedings - However, having regard to Fifth Schedule of 2016 Act, Chairman of company cannot be continued as arbitrator to adjudicate lis between parties - Appointment of..........
