Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitration clause - Validity of invoking arbitration - Applicant not part of any Group of Companies as Parent and Subsidiary still applicant is a member of a Consortium - Consortium Agreement and Arbitration Clause binds all Consortium members and all Consortium members are bound by Arbitration agreement and..........
Arbitration and Conciliation Act, 1996, Section 34, 13(5), 16(6), Civil Procedure Code, 1908, Section 151 -- Arbitration award - Setting aside - Adducing evidence in an application u/s 34 of the Act - Proceedings u/s 34 of the Act are summary in nature - An application for setting aside an arbitral award will not ordinarily require anything beyond the record that was..........
Arbitration and Conciliation Act, 1996, Section 8 -- Appointment of arbitrator - Dispute as to sharing of rent of lease space - Cl.19 of Addendum that in the event of any dispute and difference arising among parties out of, in connection with or relating to agreement will be referred to arbitration - High Court committed grave error in not referring dispute between parties..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of Arbitrator - Arbitration clause in partnership deed - Fraud - All allegations pertain to affairs of partnership and siphoning of funds therefrom and not to any matter in the public domain - This is a case which falls on the side of `simple allegations' as there is no allegation of fraud which vitiates the..........
Arbitration and Conciliation Act, 1996, Section 21, 85 -- Commencement of arbitral proceedings - Date on which notice was served to other party requesting appointment of an arbitrator, is the deciding factor as to whether 1940 Act applies or 1996 Act applies - In the instant case, notice was served to respondent in 2002 as such provisions of 1996 Act would apply to..........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Work contract - Cause of action in the case arose when final bill was handed over to respondent became due i.e on 8.2.1986 - Mere correspondence of appellant by way of writing letters/reminders subsequent to this date to respondent would not..........
Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5 -- Appointment of arbitrator - Limitation - Extension of time u/s 43(3) of 1996 Act - Period during which parties were bona fide negotiating towards a amicable settlement may be excluded for purpose of computing period of limitation for reference to arbitrator - However, entire..........
Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5 -- Appointment of arbitrator - Limitation - Extension of time - Appellant Company stated that it was involved in negotiation with respondent in 14 years preceding application before settlement committee - However, no evidence brought on record to show that they were required to..........
National Highways Act, 1956, Section 3G(5) -- Acquisition of land - Award under the Act - Challenge as to - Award made by Land Acquisition officer under Land Acquisition Act is in nature of an offer on behalf of Government hence, cannot be challenged by Government - On the other hand scheme of National Highways Act is that amount determined by competent authority under the..........
Arbitration and Conciliation Act, 1996, Section 11(6), National Highways Act, 1956, Section 3G(5) -- Appointment of arbitrator - Power being vested exclusively with Central Government to appoint an Arbitrator u/s 3G(5) of the Act, being a special enactment, application filed u/s 11(6) of the Act for appointment of an arbitrator was not maintainable - However, if Central..........
