Misconduct by Arbitrator-­ Appointment of Arbitrator stood cancelled and new arbitrator was appointed-But despite termination of his appointment first arbitrator continue to hold arbitration proceedings and pass awards-Held; Any award passed after termination of appointment is without jurisdiction and is liable to be set aside

By phlaw| 2019-05-20T18:50:33+00:00 May 20th, 2019|Arbitration|

Arbitration & Conciliation Act, 1996, S.7–Arbitration Agreement—Once the agreement has been admitted by the parties to agreement is being relied upon by both of them in another suit for seeking royalty and declaration; then they cannot approbate and reprobate in the same breath and claim that arbitration clause in the same very agreement is not applicable to them

By phlaw| 2019-03-04T12:09:47+00:00 March 4th, 2019|Arbitration|

Arbitration—Different agreements between several parties for a single commercial project and all the agreements are interconnected—In such a case all the parties can be covered by the arbitration clause in the main agreement even if in some agreement there is no arbitration clause and such parties are not signatory to main agreement containing arbitration clause. Arbitration—Plea of Fraud—Duty of the Court is to impart “sense of business efficacy” to the commercial transactions pointing out that mere allegations of fraud were not sufficient to decline to refer the parties to arbitration.

By phlaw| 2018-07-25T18:41:35+00:00 July 25th, 2018|Arbitration|

Arbitration—Objections— No appeal is provided against an order condoning the delay in filing the petition u/s 34 of the Act as such—Hence, the remedy of Letters Patent Appeal against that decision is not available.

By phlaw| 2018-01-14T12:34:41+00:00 January 14th, 2018|Arbitration|

Arbitration—Objections—Court is not bound to grant opportunities to the parties to lead evidence as in the regular civil suit,

By phlaw| 2017-12-30T15:29:55+00:00 December 30th, 2017|Arbitration|

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

By phlaw| 2017-11-25T17:28:06+00:00 November 25th, 2017|Arbitration|

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 phlaw| 2017-11-19T13:46:35+00:00 November 19th, 2017|Arbitration|

Multiple Remedies—When two remedies are provided under a statute even in inconsistent, would continue to be in operation until one of them is elected for application. Arbitration—Execution of Award—Award holder sought recovery under relevant statute as arrears of land revenue—Not necessary that arbitration a ward has to be executed as per provisions of 1996 Act only.

By phlaw| 2017-09-26T20:01:44+00:00 September 26th, 2017|Arbitration|

By phlaw| 2017-06-11T18:21:05+00:00 June 11th, 2017|Arbitration|

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 phlaw| 2017-06-03T18:34:13+00:00 June 3rd, 2017|Arbitration|