Arbitration and Conciliation Act, 1996
Arbitratration Award – Ineligibility of Arbitrator – Unilateral appointment of an arbitrator without the consent of the other party(ies) – Cannot be executed. [(2023-2)210 PLRIJ 001]
Full Judgment for Online Subscribers (Click to subscribe) (2023-2)210 PLRIJ 001 (Del.) Delhi High Court Before: Justice Vibhu Bakhru, Justice Amit...
Read moreArbitration and Conciliation Act, 1996 . S. 34, 37 – Interest – Non grant of – Since the arbitral award had not recorded a finding with regard to the contentious issue of interest, it qualifies as a patent illegality
Arbitration and Conciliation Act, 1996 . S. 34, 37 – Interest – Non grant of - Since the arbitral award...
Read moreArbitration and Conciliation Act, 1996 . S. 37 – No power to remand the matter to the arbitral tribunal.
Arbitration and Conciliation Act, 1996 . S. 37 – No power to remand the matter to the arbitral tribunal. “3....
Read moreArbitration Act, 1996 – Discretionary power conferred under Section 34(4)
38. In absence of any finding on Point 1, as pleaded by the respondent and further, it is their case that relevant material produced before the arbitrator to prove “accord and satisfaction” between the parties, is not considered, and the same amounts to patent illegality, such aspects are to be considered by the Court itself. It cannot be said that it is a case where additional reasons are to be given or gaps in the reasoning, in absence of a finding on Point 1 viz. “whether the contract was illegally and abruptly terminated by the respondent?”. *** 40. Merely because an application is filed under Section 34(4) of the Act by a party, it is not always obligatory on the part of the Court to remit the matter to Arbitral Tribunal. The...
Read moreReason and Finding
"findings‟ and "reasons‟ in the following way: “37. In our view, Section 34(4) of the Act can be resorted to record reasons on the finding already given in the award or to fill up the gaps in the reasoning of the award. There is a difference between “finding” and “reasons” as pointed out by the learned Senior Counsel appearing for the respondent in the judgment in ITO v. Murlidhar Bhagwan Das . It is clear from the aforesaid judgment that “finding is a decision on an issue”. Further,...
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Developer failed to complete construction of the demolished society – Interim prayer allowed restraining the developer from interfering in the act of getting the society developed through another builder / developer
Arbitration and Conciliation Act, 1996, Section 9 - Developer failed to complete construction of the demolished society - Application by...
Read more[SC] Arbitration and Conciliation Act, 1996, S. 34(2) – A court does not sit in appeal over the award of an arbitral tribunal by re-assessing or re-appreciating the evidence
Arbitration and Conciliation Act, 1996, S. 34(2) - A court does not sit in appeal over the award of an...
Read moreArbitration – An arbitral tribunal cannot make use of their personal knowledge of the facts of the dispute
Arbitration - An arbitral tribunal cannot of course make use of their personal knowledge of the facts of the dispute,...
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Arbitration – Deterring a party to an arbitration from invoking this alternative dispute resolution process by a pre-deposit of 10% would discourage arbitration, contrary to the object of de-clogging the Court system, and would render the arbitral process ineffective and expensive.
Arbitration - Deterring a party to an arbitration from invoking this alternative dispute resolution process by a pre-deposit of 10%...
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Arbitration – Deposit of amount before the arbitral tribunal as pre condition to invoking arbitration – “in interpreting documents relating to a contract of insurance, the duty of the Court is to interpret the words in which the contract is expressed by the parties, because it is not for the Court to make a new contract, however, reasonable, if the parties have not made it themselves.”
In S.K. Jain v. State of Haryana (2009) 4 SCC 357 the Supreme Court considered whether a clause in an...
Read moreAppointment of Arbitrator rejected – Civil and criminal proceedings lie.
Arbitration and Conciliation Act, 1996 - Arbitration being a special remedy which can be created only under a contract, the...
Read moreArbitration and Conciliation Act, 1996, S. 7 – An arbitration agreement has to be in writing – It could be signed by the parties or it could come into existence by parties having exchanged the same electronically or otherwise, thereby meaning that the same is not essentially required to be signed by the parties
Arbitration and Conciliation Act, 1996, S. 7 – An arbitration agreement has to be in writing - It could be...
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Arbitration and Conciliation Act, 1996, S.11, S.11(6) – Understanding of counsel cannot be regarded as a binding statement of law on the existence of an arbitration agreement –
Arbitration and Conciliation Act, 1996, S.11, S.11(6) - Understanding of counsel cannot be regarded as a binding statement of law...
Read moreArbitration – Issue/aspect with regard to ‘accord and satisfaction’ seriously disputed
Arbitration and Conciliation Act, 1996 - Section 11, 11(6) - Issue/aspect with regard to ‘accord and satisfaction’ of claims is...
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Arbitration and Conciliation Act, 1996 – S. 11 (6-A) – Though the Arbitral Tribunal may have jurisdiction and authority to decide the disputes including the question of jurisdiction and non-arbitrability, the same can also be considered by the Court at the stage of deciding Section 11 application
Arbitration and Conciliation Act, 1996 - S. 11 (6-A) - Though the Arbitral Tribunal may have jurisdiction and authority to...
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