Arbitration and Conciliation Act, 1996, Section 34, Micro Small and Medium Enterprises Development Act, 2006, Section 19 -- Arbitration award - Setting aside - Parties governed by provisions of MSME Act - Requirement of pre-deposit of 75% of amount in terms of award at the time/before entertaining application for setting aside award is mandatory - However, considering..........
Arbitration and Conciliation Act, 1996, Section 31(7)(a) -- Arbitral award - Pendente lite interest - If contract contains a specific clause which expressly bars payment of interest, then it is not open for arbitrator to grant pendente lite interest...........
Indian Contract Act, 1872, Section 28 -- Lawful agreement to refer the matter to arbitration can be made a condition precedent before going to Courts and it does not violate S.28 of the Act...........
Limitation -- COVID 19 - Computing period of Limitation - (i) in computing period of limitation for any suit, appeal, application or proceeding, period from 15.3.2020 till 2.10.21 shall stand excluded - Consequently, balance period of limitation remaining as on 15.3.21, if any shall become available with effect from 3.10.21; (ii) in cases where limitation would have..........
Arbitration and Conciliation Act, 1940, Section 9 -- Sole arbitrator - Retirement - Even after retirement, arbitration proceedings have to be continued by same arbitrator as once an officer is appointed as arbitrator, he continues to be sole arbitrator till the arbitration proceedings are concluded unless he incurs disqualification under provisions of the Act...........
Arbitration and Conciliation Act, 1940, Section 9 -- Sole arbitrator - Retirement - Once sole arbitrator continued with arbitration proceedings and passed award within extended period of time, it cannot be said that he has misconducted himself as he continued with arbitration proceedings even after his retirement...........
Arbitration and Conciliation Act, 1996, Section 9(1) -- Application u/s 9(1) of the Act - Jurisdiction of Civil Court - Civil Court of competent jurisdiction has jurisdiction to admit, entertain and decide an application u/s 9(1) of the Act, any time before final arbitral award is enforced in accordance with S.36 of the Act...........
Arbitration and Conciliation Act, 1996, Section 9, 17 -- Application u/s 9 of the Act - Cannot be taken up for consideration once an Arbitral Tribunal is constituted unless remedy u/s 17 of the Act is inefficacious - However, once an application is entertained in the sense it is taken up for consideration and Court applied its mind then Court can certainly proceed to..........
Arbitration and Conciliation Act, 1996, Section 9, 17 -- Application u/s 9 of the Act - Once an Arbitral Tribunal is constituted, Court would not entertain and/or in other words take up for consideration and apply its mind to an application for interim measure, unless the remedy u/s 17 is inefficacious, even though application may have been filed before the constitution of..........
Arbitration and Conciliation Act, 1996, Section 9, 17 -- Application u/s 9 of the Act - When an application u/s 9 of the Act has already been taken up for consideration and is in process of consideration or has already been considered, question of examining whether remedy u/s 17 of the Act is efficacious or not would not arise...........
