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 11(6) -- Appointment of arbitrator - Industrial Fire risk policy - Arbitration clause - Clause in policy specifically stated that if insurer disputed or not accepted liability, no difference or dispute shall be referred to arbitration - Insurance company repudiated the claim by denying to accept liability - No inference can..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Concession agreement - Dispute regarding default in releasing payment to petitioner company by respondent company - Arbitration clause exists in agreement - Former Judge of Supreme Court appointed as sole arbitrator to adjudicate disputes between parties...........
Arbitration and Conciliation Act, 1996, Section 7, 11 -- Arbitration agreement - Work contract - Agreement entered into between parties not intended to make arbitration clause as a part of contract between parties - There is no independent arbitration agreement between parties either - Remedy under the Act for appointment of arbitrator rightly not available...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Work contract - "No Dues/No Claim Certificate" issued by contractee on receiving full amount of final bills - Contractee after a gap of one month withdrew "No Dues/No Claim Certificate" on the grounds of coercion and duress - No evidence on record that said certificate was issued under..........
Arbitration and Conciliation Act, 1996, Section 34, 11 -- Arbitration - Work contract - Quantum of interest - Delay in invocation of Arbitration clause - In the instant case on account of delay in supply by respondent, petitioner party paid deducted payment and liquidated damages - First arbitrator took 6 years to pass order - However, Division Bench set aside order of..........
Arbitration and Conciliation Act, 1996, Section 11(6A) -- Appointment of arbitrator - Power of Court u/s 11(6A) is confined only to examine the existence of arbitration agreement...........
Arbitration and Conciliation Act, 1996, Section 11(6A) -- Appointment of arbitrator - Dispute between parties arose in 2016 - Amended provision of S.11(6A) of the Act shall govern the issue, though contract between parties was entered in 2012...........
Arbitration and Conciliation Act, 1996, Section 11(6A) -- Appointment of arbitrator - Six arbitral agreements including corporate guarantee - Each agreement contains provision for arbitration having independent existence with separate arbitration clauses - There cannot be single arbitral Tribunal for said agreements - While arbitrations can be the same, there has to be six..........
Arbitration and Conciliation Act, 1996, Section 12 -- Appointment of arbitrator - Mere fact that named arbitrator happened to be an employee of one of parties to arbitration agreement has not by itself, before Amendment Act 2015 came into force, rendered such appointment invalid and unenforceable, so long as there is no justifiable apprehension about his independence or..........
