Neither the Chief Justice nor his designate under Section 11(6) is a “court” as contemplated under the Act
AIR 2006 SC 3456 : (2006) 11 SCC 651 : JT 2006 (5) SC 203 : (2006) 4 SCALE 385 Continue reading “Whether Chief Justice or his designate under Section 11(6) of Arbitration and Conciliation Act is a “court””
EDITION 2018 Preliminary Part 1 – Arbitration Chapter I – General provisions Chapter II – Arbitration agreement Chapter III – Composition of arbitral tribunal Chapter IV – Jurisdiction of arbitral tribunals Chapter V – Conduct of arbitral proceedings Chapter VI – Making of arbitral award and termination of proceedings Chapter VII – Recourse against Arbitral Award Chapter VIII – Finality and Enforcement of Arbitral Awards Chapter … Continue reading The Arbitration and Conciliation Act, 1996
Arbitration is a mechanism or a method of resolution of disputes that unlike court takes place in private, pursuant to agreement between the parties. The parties agree to be bound by the decision rendered by a chosen arbitrator after giving hearing. The endeavour of the court should be to honour and support the award as far as possible[Markfed Vanaspati & Allied vs Union Of India … Continue reading Introduction to the Indian Law of Arbitration and Conciliation Act 1996
The Arbitration and Conciliation Act, 1996 34. Application for setting aside arbitral award. (1)Recourse to a Court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and sub-section (3). (2)An arbitral award may be set aside by the Court only if— (a)the party making the application furnishes proof that— (i)a party was under … Continue reading Setting aside an Arbitral Award in India
A Civil Court examining the validity of an arbitral award under Section 34 of the Act exercises supervisory and not appellate jurisdiction over the awards of an arbitral tribunal. A court can set aside an arbitral award, only if any of the grounds mentioned in Sections 34(2)(a)(i) to (v) or Section 34(2)(b)(i) and (ii), or Section 28(1)(a) or 28(3) read with Section 34(2)(b)(ii) of the … Continue reading A Civil Court examining the validity of an arbitral award under Section 34 of the AC Act exercises supervisory and not appellate jurisdiction over the awards of an arbitral tribunal.
Section 89 starts with the words “where it appears to the court that there exist elements of a settlement”. This clearly shows that cases which are not suited for ADR process should not be referred under section 89 of the Code. The court has to form an opinion that a case is one that is capable of being referred to and settled through ADR process. Having regard to … Continue reading Whether the reference to ADR Process is mandatory Under Section 89 of Code [CPC]
KEYWORDS:- Arbitration Agreement- DATE:- May 2, 2018 The validity of an arbitration agreement does not depend on the number of arbitrators specified therein. The number of arbitrators is dealt with separately in Section 10 which is a part of machinery provision for the working of the arbitration agreement. It is, therefore, clear that an arbitration agreement specifying an even number of arbitrators cannot be a ground to … Continue reading Purushottam S/o. Tulsiram Badwaik Vs. Anil & Ors.[ALL SC 2018 MAY]
UNDER ARBITRATION AND CONCILIATION ACT 1996 [SECTION 18 TO 27] GO TO THE MAIN PAGE 18. Equal treatment of parties. The parties shall be treated with equality and each party shall be given a full opportunity to present his case. 19. Determination of rules of procedure. (1)The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence … Continue reading Conduct of arbitral proceeding in India
KEYWORDS:-ARBITRATION-Interim award-jurisdiction- Error of Law- Error of jurisdiction- DATE:- January 23, 2018- Interim award can be set aside under Section 34 of the Arbitration and Conciliation Act, 1996 The award dated 23rd July, 2015 is an interim award, which being an arbitral award, can be challenged separately and independently under Section 34 of the Act. We are of the view that such an award, which does … Continue reading M/s. Indian Farmers Fertilizer Co-Operative Ltd. Vs. M/s. Bhadra Products [SC 2018 January]
KEYWORDS:- Constitution of an Arbitral Tribunal-DELAY- DATE: JANUARY 18, 2018- Arbitration petition filed under Section 34 of the Act was sought to be amended after a delay of eight years. Further, the amendment in the appeal, taking those very grounds on which amendment in the arbitration petition was sought, was sought after a delay of 3 1/2 years. The High Court, thus, rightly rejected these summons. … Continue reading Maharashtra State Electricity Distribution Company Ltd. Vs. M/s. Datar Switchgear Ltd. & Ors.[SC 2018 JANUARY]
