Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Dispute raised regarding promises and reciprocal promises arising out of agreement - Right of renewal and revision of storage charges as well as the legality and propriety of enhanced demand arose during the subsistence of agreement - Its legality and propriety will depend on the terms of..........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - Scope of interference in an appeal u/s 37 of the Act is restricted and subject to the same grounds on which an award can be challenged u/s 34 of the Act...........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - Mere possibility of an alternative view on facts or interpretation of the contract does not entitle the Courts to reverse the findings of arbitral tribunal...........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - Merely for the reason that the view of Appellate Court is a better view than the one taken by arbitral tribunal, is no ground to set aside the award...........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - Scope of S.37 of the Act is much more summary in nature and not like an ordinary civil appeal - Award as such cannot be touched unless it is contrary to the substantive provision of law any provision of the Act or the terms of agreement...........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - Appellate Court has no authority of law to consider the matter in dispute before the arbitral tribunal on merits so as to find out as to whether the decision of arbitral tribunal is right or wrong upon reappraisal of evidence as if it is sitting in an ordinary Court of appeal - It is only..........
Arbitration and Conciliation Act, 1996, Section 29A(5) -- Time limit for arbitral award - Extension of time - Application for extension of time for passing an arbitral award u/s 29-A(4) r/w S.29-A(5) of the Act is maintainable even after the expiry of twelve month or the extended six month period, as the case may be - Court while adjudicating such extension applications..........
Arbitration and Conciliation Act, 1996, Section 29A(3) -- Time limit for arbitral award - Extension of time - S.29-A(3) of the Act stipulates that parties by consent can extend time for making award beyond twelve months, up to an additional period of six months - However, extension beyond six months even by consent of parties is not permitted...........
Arbitration and Conciliation Act, 1996, Section 29A(5), (6), (7), (8) -- Time limit for arbitral award - Extension of time - Power to extend time period for making of award vests with Court and not with arbitral tribunal - Therefore, arbitral tribunal may not pronounce award till an application u/s 29-A(5) of the Act is sub-judice before Court...........
Arbitration and Conciliation Act, 1996, Section 29A(1) -- Time limit for arbitral award - Time limit for making an arbitral award u/s 29-A(1) of the Act is not applicable to international commercial arbitration...........
