Arbitration and Conciliation Act, 1996, Section 50, , Section 5, 13 -- Arbitration - Letters Patent Appeal - Appeal against judgment of single Judge in an international Arbitration matter - Letters Patent Appeal is maintainable...........
Arbitration Act, 1940, Section 30 -- Arbitral award - Setting aside - An award can be set aside only on the grounds specified in S.30(a), (b), (c) of the Act - Grounds such as inadequacy of reasons in support of an award, error committed by arbitrator on facts, alternate or/and more plausible view could be taken then what is taken by arbitrator, improper appreciation of..........
Arbitration Act, 1940, Section 30 -- Arbitral award - Setting aside - High Court committed error by setting aside award and acted like an appellate Court and virtually treated as if appeal arose directly against the award and then proceeded to examine all factual findings of arbitrator by appreciating evidence - It was not permissible in law - Moreover, there was no..........
Arbitration and Conciliation Act, 1996, Section 10, 11 -- Appointment of independent arbitral tribunal - Non-payment of contractual amount - There is no impediment in making reference of the dispute to the arbitrator particularly with regard to two other cases between the same parties, where also the vigilance enquiry is pending and reference to arbitration is made - Even,..........
Indian Contract Act, 1872, Section 62 -- Novation - Two arbitration agreements - Subsequent agreement in the nature of amendment to prior agreement and subsequent agreement not resulted in substituting or rescinding or extinguishing prior agreement - It cannot be said that there is novation of contract, as prior agreement became part of subsequent agreement - Moreover,..........
Arbitration and Conciliation Act, 1996, Section 2(f) -- International commercial arbitration - Two arbitration agreements - American company along with two Indian companies is a party to both the agreements - Both the agreements thus became an international commercial arbitration within the meaning of S.2(f) of the Act...........
Transfer of Property Act, 1882, Section 130 -- Assignment - Two arbitration agreements - Agreement-I is a bi-party agreement between an Indian company and American company - Whereas, Agreement-II is a tri-parte agreement between three companies viz, two Indian companies and one American company - Agreement-II recognizes transfer of rights of original contract i.e American..........
Arbitration and Conciliation Act, 1996, Section 45 -- Arbitration agreement - Suit for declaration and permanent injunction - Once it is found that agreement in question is a legal and valid agreement, which is capable of being performed by parties to suit, Court has no discretion but to pass an order by referring the parties to arbitration in terms of agreement - Trial..........
Civil Procedure Code, 1908, Section 9, Arbitration and Conciliation Act, 1996, Section 9 -- Jurisdiction of civil Court - Trust deed - Disputes relating to trust, trustees and beneficiaries arising out of Trust Deed and Trust Act are not capable of being decided by arbitrator though private arbitration despite existence of arbitration agreement to that effect between..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Dispute as to Trust deed - Trust deed cannot be construed as an arbitration agreement despite containing an arbitration clause therein, as it does not satisfy the requirements of Ss.2(b), 2(h), 7 of the Act - Trustees or beneficiaries are only required to carry out the provisions of Trust..........
