Arbitration and Conciliation Act, 1996

Arbitration 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. 37 – No power to remand the matter to the arbitral tribunal.

Arbitration Act, 1996 – Discretionary power conferred under Section 34(4)

Reason and Finding

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Arbitration and Conciliation Act, 1996

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...

[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...

Arbitration – 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,...

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

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%...

CPA S. 27 – No order is passed against the appellant in its individual capacity who was shown as Secretary of the Society – For the default committed by the society, and in absence of any personal liability appellant could not be imprisoned .

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...

Appointment 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...

Arbitration 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...

Cr.P.C. First Schedule , Part-II – Where the offence is punishable for imprisonment for three years, the offence shall be cognizable and non-bailable.

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...

Arbitration – 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...

Service matter – 100% reservation , not permissible.

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...

[SC] Land Acquisition – Deductions required to be made when considering transactions pertaining to small developed plots, for determining compensation of large areas

Arbitration and Conciliation Act, S. 11(6) – Instrument is not properly stamped – Court cannot act upon such a document or the arbitration clause therein .

Arbitration and Conciliation Act, 1996 - Section 11(6) - When a lease deed or any other instrument is relied upon...

IPC, S. 84 – Where Exception under Sec.84 is claimed

[P&H] Arbitration and Conciliation Act, 1996, S. 9 – The principles applicable in the matter of grant of injunctions in arbitration cases are broadly from the principles drawn from Order 39 Rules 1 & 2 of the Code of Civil Procedure, 1908 in the matter of grant of temporary injunctions

Arbitration and Conciliation Act, 1996, S. 9 - The jurisdiction in international arbitration commercial disputes to pass orders under section...

Environment – Ponds – Encroachments – Directions

Arbitration and Conciliation Act, 1996 S. 11(6) – When the parties have agreed to the have the “venue” of arbitration at Bhubaneshwar, the Madras High Court erred in assuming the jurisdiction under Section 11(6) of the Act.

Court while dealing with a domestic arbitration considered clause 18 - which was the arbitration agreement between the parties -...

Service matter – Quantum of punishment in disciplinary matters – factors

Arbitration Act 1996 – S. 34 – Once the “Seat” has been chosen, it would then amount to an exclusive jurisdiction clause so far as Court of the Seat is concerned.

It has been held by the Hon'ble Supreme Court that if both the parties have chosen the seat of arbitration...

ANDRIZ HYDRO PRIVATE LIMITED v. RAY CONSTRUCTION LIMITED , (2022-1)205 PLR 063, 2022 PLRonline 7450

Arbitration and Conciliation Act, S. 34, 9, 20 – Having accepted the jurisdiction at New Delhi, now the appellant cannot argue to the the contrary – Objections could be filed in Delhi only.