Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral Award - Setting aside of - Powers of Court - Court does not sit in appeal over an Arbitral Award by re-assessing or re-appreciating evidence - Award can be challenged only on grounds mentioned u/s.34(2) of the Act...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral Award - Setting aside of - Powers of Arbitral Tribunal - Arbitral Tribunal cannot make use of their personal knowledge of facts of dispute, which is not part of record, to decide the dispute - But, it can certainly use its personal expert or technical knowledge or general knowledge about a particular trade...........
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 34 -- Setting aside of arbitral award - Objections u/s 47 CPC - Maintainability - Held, S.34 of the Act provides for setting aside the arbitral award - A detailed procedure is provided giving opportunity to the aggrieved party to challenge the award - The said Act is a special Act and..........
Civil Procedure Code, 1908, Section 24, Arbitration and Conciliation Act, 1996, Section 34 -- Proceeding - Meaning of - Held, expression "proceeding" referred to in S.24 of the Code can relate to some action going on in a court in relation to the adjudication of a dispute other than a suit or appeal - Hence a petition u/s 34 of the Act pending in a court is a "proceeding"..........
Arbitration and Conciliation Act, 1996, Section 34(2) -- Arbitration award - Contrary to substantive provisions of law - Held, an arbitration award contrary to substantive provisions of law, or provisions of the Act, 1996 or against terms of the contract, or public policy, would be patently illegal, and if it affects rights of the parties, it would be open for court to..........
Arbitration and Conciliation Act, 1996, Section 34(2) -- Arbitration award - Setting aside - Power of court - Held, arbitral tribunal cannot travel beyond terms of reference - However, in exceptional circumstances where a party pleads that demand of another party is beyond the terms of contract and statutory provisions, tribunal may examine terms of contract as well as..........
Arbitration and Conciliation Act, 1996, Section 34 -- Interest - Award of - Held, interest is payable if a person is deprived of use of money which he legitimately deserves and he has to be compensated for deprivation but rate of interest should be reasonable...........
Arbitration and Conciliation Act, 1996, Section 5, 16, 34, Civil Procedure Code, 1908, Order 39, Rule 1, 2 - - Arbitration proceedings - Civil suit to stay - Power of Civil Court - Held, Civil Court cannot go into existence or validity of the arbitration clause nor can an injunction be granted by it restraining defendant from continuing with the arbitration proceedings..........
Arbitration and Conciliation Act, 1996, Section 34(2)(b) -- Arbitration award - Award made in violation of the terms of contract - Patently illegal and liable to be set aside...........
Arbitration and Conciliation Act, 1996, Section 34 -- Execution of work relating to extension of terminal building at airport awarded to the appellant - Dispute having arisen - Matter referred to arbitration - Application filed u/s 34 of the Act in the District Court for setting aside the award dismissed - High Court though finding no infirmity in the order of District..........
