Arbitration and Conciliation Act, 1996, Section 34(3) -- Arbitration award - Setting aside - Delay - Order passed by Single judge on application for condonation of delay in filing petition for setting aside arbitral award - Remedy of Letters Patent Appeal against said order is not available...........
Arbitration Act, 1940, Section 30, 39 -- (Since repealed) - Arbitral award - Setting aside of award - Claim of payment on account of non-lifting of minimum quantity of gases - Claimant informing buyer before emptying cylinders by blowing of unlifted gases - No action taken by buyer - Therefore, findings of High Court that due intimation was not given to buyer, not proper -..........
Arbitration and Conciliation Act, 1996, Section 8 -- Arbitrator - Agreement coming to an end by mutual consent - Arbitration clause does not get perished nor is rendered inoperative ...........
Arbitration and Conciliation Act, 1996, Section 8 -- Arbitrator - Civil Court has no jurisdiction to entertain a suit after an application is made u/s 8 of the Act...........
Arbitration and Conciliation Act, 1996, Section 8, 7 -- Arbitration agreement - Oral agreement substituting written agreement which contained a clause for arbitration - Same clause for arbitration would also be applicable to oral agreement...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Limitation - Arbitral award has to be assailed within a period of 3 months - Where after, condonation of delay is permissible only for a further period of 30 days - Delay beyond the period of 3 months 30 days is not condonable...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Condonation of delay - Delay of 5 years and 8 months in assailing the award - Delay beyond period of 3 months 30 days not condonable - Delay not condoned - However, appeal dismissed with exemplary cost quantified at Rs.5 lakhs on account of abuse of judicial process...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Chief Justice of High Court or the designated judge while exercising power u/s 11(6) of the Act is not bound to nominate an arbitrator as specified in the agreement for arbitration and is free to appoint an independent arbitrator...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Parties choose and agreed to arbitration being conducted outside India - Arbitration was in fact held outside India - There is thus clear exclusion of Part-I of the Act - Award passed outside India cannot be challenged in India by filing application u/s 34 of the Act...........
Arbitration and Conciliation Act, 1996, Section 34, Sale of Goods Act, 1930, Section 64A -- Setting aside of award - Increase in price of diesel - No escalation clause in contract - Rejection of claim - Arbitrator overlooked S.64-A of Sale Of Goods Act - Increase in price of diesel which was a statutory increase had to be compensated - Award set aside - Cost compensated...........
