Arbitration and Conciliation Act, 1996, Section 20 -- Place of arbitration - Parties are free to agree on place of arbitration as per Art.20 of UNCITRAL Model Law and in case of failure of agreement, Arbitral Tribunal is required to determine the same taking into consideration convenience of parties - But it had not been agreed upon and there has been no determination as..........
Arbitration and Conciliation Act, 1996, Section 11(9) -- Appointment of arbitrator - Breach of agency agreement - Agreement contained a arbitration clause meant for determination of dispute by arbitration - Dispute between parties have arisen due to breach of agency agreement which remained unsettled - Former Judge of Supreme Court appointed to act as arbitrator to..........
Arbitration and Conciliation Act, 1996, Section 11(5) -- Appointment of arbitrator - Arbitration clause agreeing to refer dispute to adjudicator or Courts - There is an option and petitioner invoked arbitration clause - Sole arbitrator appointed...........
Arbitration and Conciliation Act, 1996, Section 48, 49, Stamp Act, 1899 -- Unstamped foreign award - Enforceability - Foreign award not includible in Schedule 1 of Stamp Act, thus, not liable for stamp duty - It is thus, enforceable u/ss 48, 49 of the Act...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Clause in agreement that there will be no arbitration in case insurance company disputes or does not accept the liability under or in respect of policy - To put it differently, an arbitration clause would enliven or invigorate only if insurer admits or accepts its liability under or in..........
Arbitration and Conciliation Act, 1996, Section 34(2)(a) -- Arbitral award - Setting aside - Proof - Ordinarily anything beyond Arbitration record not required - However, matter not contained in such record may be brought to notice of Court by way of affidavits - Cross examination of persons swearing to the affidavits should not be allowed unless absolutely necessary...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Territorial jurisdiction - Courts in Mumbai having exclusive jurisdiction as per agreement between parties - It is thus, Mumbai Courts alone before which S.34 application can be filed - Arbitration that was conducted at Delhi was only at a convenient venue and that does not confer jurisdiction to Courts..........
Arbitration and Conciliation Act, 1996, Section 34(5)(As -- Arbitration award - Setting aside - Provision of S.34(5) is procedural, the infraction of which leads to no consequence - However, it shall be the endeavour of every Court in which a S.34 application is filed, to stick to the time limit of one year from the date of service of notice to the opposite party by the..........
Arbitration Act, 1940, Section 29 -- Award of interest - Pre-reference and pendente lite interest - Unless there is a clear and express bar to the payment of interest that can be awarded by an arbitrator, clauses which do not refer to claims before the Arbitrators or disputes between parties and clearly bar payment of interest, cannot stand in the way of an arbitrator..........
Arbitration Act, 1940, Section 29 -- Award of interest - Pre-reference and pendente lite interest - Contract - Clause 16 of General conditions of contract only speak of delay in payment and not to any other amounts payable to contractor under the contract - There is nothing in said clause which refers even obliquely to Arbitrator's power to grant interest - Even Clause 16..........
