Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Scope of inquiry at the stage of S.11 of the Act is extremely limited and only pertains to an examination about prima facie existence of an arbitration agreement - Judicial non-interference in arbitration process is sacrosanct principle which guides alternative dispute resolution and Courts..........
Arbitration and Conciliation Act, 1996, Section 7, 11 -- Arbitration agreement - There must be a defined `legal relationship' between parties and agreement to arbitrate may be contractual or not - Conclusion of a contract might not be necessary for that purpose and what needs to be seen is whether parties were ad idem in their intention to refer a dispute to arbitration as..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Arbitration agreement - Letter of Intent (LOI) does not in and of itself, create a legal relationship or contractual obligations until there is a clear, unambiguous final acceptance by parties - LOI is to be followed by a final award or a concluded agreement, it cannot be said that letter..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Arbitration agreement - Arbitration clause contained in Tender documents could not be said to have been incorporated in LOI to evince existence of an arbitration agreement between parties on its conjoint reading with Tender documents - There is no mention of any arbitration or dispute..........
Arbitration and Conciliation Act, 1996, Section 11, 42 -- Appointment of arbitration - Limitation - Petitioner despite the work being concluded on 2000 did not attempt to raise a bill or initiate arbitration proceedings till 2022, when a notice requiring commencement of arbitration proceedings was first issued - High Court erred insofar as finding failure on the part of..........
Arbitration and Conciliation Act, 1996, Section 36 -- Arbitral award - Execution - Arbitral award is enforceable in the same manner as if it were a decree of Court essentially, a deemed decree...........
Arbitration and Conciliation Act, 1996, Section 29A(6) -- Substitution of Arbitrator - There will be no substitution of an Arbitrator as an inevitable consequence, when Court is considering extension of mandate that has already expired - Arbitrator will be substituted if situation so warranted...........
Arbitration and Conciliation Act, 1996, Section 34, 11 -- Arbitral award - Challenge as to - Once Court while adjudicating application u/s 11 of the Act gave a finding of existence of a valid arbitration agreement, right or wrong that decision should bind the parties when they have not challenged the same and even also be bound during subsequent stages of proceedings which..........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making award - S.29-A of the Act does not in terms, bar an application for extension of mandate of an arbitrator in the event of delivery of an award...........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making award - Following empowerments of S.29-A of the Act enabling Courts to deploy them as and when factual matrix demands Viz. (i) Court has power to extend the time before or after expiry of statutorily stipulated period as per S.29-A(4) of the Act; (ii) Court is empowered..........
