Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objection - Requirement of affidavit, (i) no affidavit is required to be filed with application u/s 34 of the Act except an affidavit needs to be filed only to extent that requirement of giving advance notice has been complied with; (ii) affidavit needs to be filed only in case contents have to be..........
Arbitration and Conciliation Act, 1996, Section 34(2)(a)(iii) -- Arbitral award - Setting aside - Non grant of appropriate opportunity to tender evidence by examining witnesses and to cross examine witnesses, whose affidavits were filed by the Arbitrator - Neither any application was filed before Arbitrator to recall order settling arbitration proceedings by respondents..........
Arbitration and Conciliation Act, 1996, Section 21 -- Commencement of arbitral proceedings - Arbitral proceedings commence on the date on which a request for disputes to be referred to arbitration is received by respondent...........
Arbitration and Conciliation Act, 1996, Section 16, 11 -- Issue of limitation - It is a jurisdictional issue, which would be required to be decided by arbitrator u/s 16 of the Act and not High Court at pre-reference stage u/s 11 of the Act...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Issue of limitation raised to oppose appointment of arbitrator - Said issue being jurisdictional issue cannot be decided by High Court at pre-reference stage u/s 11 of the Act - Issue of limitation be decided by arbitral Tribunal - Former Judge of Supreme Court thus, appointed as Sole..........
Arbitration and Conciliation Act, 1996, Section 11(5) -- Appointment of sole arbitrator - Person interested in outcome or decision of dispute has no power to appoint a sole arbitrator...........
Arbitration and Conciliation Act, 1996, Section 2(1)(f) -- International commercial arbitration - Consortium agreement between parties - Lead member of consortium company is applicant No.1 - Since applicant No.1 being an Architectural Firm having its registered office in New York, requirements of S.2(1)(f) of the Act are satisfied - Arbitration thus, would be an..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - When agreement specifically provides for appointment of named arbitrators, appointment should be in terms of agreement - High Court was not right in appointing an independent arbitrator ignoring contract between parties - Order of High Court set aside - Appellant directed to appoint..........
Constitution of India,1950, Article 226, Arbitration and Conciliation Act, 1996, Section 7, Micro Small and Medium Enterprises Development Act, 2006, Section 18, 19 -- Writ petition - Maintainability - Jurisdiction of Council - Council directed petitioner to pay balance amount as claimed by respondent no.2 and referred matter to arbitration - Council ought to have atleast..........
Micro Small and Medium Enterprises Development Act, 2006, Section 18 -- Non - conducting of conciliation proceedings before proceeding to hold arbitration proceedings - Defeats very objective of the scheme of the Act and is ex-facie illegal and liable to set aside - Petition allowed...........
