November 2017

S.34—Objections—Interest on interest— Award granted by arbitrator included principal and interest which collectively amounts to sum payable—Interest on sum payable is permissible and does not amount to interest on interest.

By | November 25th, 2017|Arbitration|

Comments Off on S.34—Objections—Interest on interest— Award granted by arbitrator included principal and interest which collectively amounts to sum payable—Interest on sum payable is permissible and does not amount to interest on interest.

34—Objections—Limitation—Period of limitation prima facie has to be reckoned from the date of supply of copy of the award.

By | November 25th, 2017|Arbitration|

Comments Off on 34—Objections—Limitation—Period of limitation prima facie has to be reckoned from the date of supply of copy of the award.

Arbitration and Conciliation Act, 1996, S.8–Arbitration Agreement-Once the existence of agreement between the parties is found containing arbitration clause, the jurisdiction of the civil Court in such matter is barred

By | November 22nd, 2017|Arbitration|

Comments Off on Arbitration and Conciliation Act, 1996, S.8–Arbitration Agreement-Once the existence of agreement between the parties is found containing arbitration clause, the jurisdiction of the civil Court in such matter is barred

Arbitration & Conciliation Act, 1996 9—Interim Measures—Provision of S.9 are pari materia to the provisions under O.39 R.1 & 2 CPC as it envisages the situation even after passing of the award

By | November 19th, 2017|Arbitration|

Comments Off on Arbitration & Conciliation Act, 1996 9—Interim Measures—Provision of S.9 are pari materia to the provisions under O.39 R.1 & 2 CPC as it envisages the situation even after passing of the award

October 2017

September 2017

June 2017

Arbitration & Conciliation Act, 1996, S.31 (S)- Exparte Award-Even if the appellant is proceeded ex parte, the Arbitrator was enjoined upon obligation to send the signed copy of the Award—

By | June 25th, 2017|Arbitration|

Comments Off on Arbitration & Conciliation Act, 1996, S.31 (S)- Exparte Award-Even if the appellant is proceeded ex parte, the Arbitrator was enjoined upon obligation to send the signed copy of the Award—

Arbitration Agreement—Application under S.8 (1) can be filed without original deed or certified copy there of but at the time of consideration by Court of merits original or certified copy has to be brought on record. Arbitration Agreement—Un-registered Partnership Firm—Arbitration Clause in partnership deed—Dispute can be referred to arbitration.

By | June 3rd, 2017|Arbitration|

Comments Off on Arbitration Agreement—Application under S.8 (1) can be filed without original deed or certified copy there of but at the time of consideration by Court of merits original or certified copy has to be brought on record. Arbitration Agreement—Un-registered Partnership Firm—Arbitration Clause in partnership deed—Dispute can be referred to arbitration.

February 2017

January 2017

Arbitration—Where dispute involves serious question of law, complicated question of fact, adjudication of which will depend upon detailed and documentary evidence, the reference to the arbitrator has to be rejected.

By | January 30th, 2017|Arbitration|

Comments Off on Arbitration—Where dispute involves serious question of law, complicated question of fact, adjudication of which will depend upon detailed and documentary evidence, the reference to the arbitrator has to be rejected.

Arbitration—The disputes relating to Trust, trustees and beneficiaries arising out of the Trust Deed and the Trust Act are not capable of being decided by the arbitrator despite existence of arbitration agreement.

By | January 10th, 2017|Arbitration|

Comments Off on Arbitration—The disputes relating to Trust, trustees and beneficiaries arising out of the Trust Deed and the Trust Act are not capable of being decided by the arbitrator despite existence of arbitration agreement.

December 2016

Arbitrator—Appointment of—Original agreement containing arbitration clause was overridden by fresh agreement which did not had arbitration clause–Application for appointment of arbitrator dismissed.

By | December 18th, 2016|Arbitration|

Comments Off on Arbitrator—Appointment of—Original agreement containing arbitration clause was overridden by fresh agreement which did not had arbitration clause–Application for appointment of arbitrator dismissed.

October 2016