ARBITRATION AND CONCILIATION ACT 1996- Arbitral tribunal must decide in accordance with the terms of the contract, but if an arbitrator construes a term of the contract in a reasonable manner, it will not mean that the award can be set aside on this ground. It is further observed and held that construction of the terms of a contract is primarily for an arbitrator to decide unless the arbitrator construes the contract in such a way that it could be said to be something that no fair minded or reasonable person could do.
Difference between an award which is executable as decree and award which is required to be made a Rule of Court.
There is a difference between an award which is executable as decree and award which is required to be made a Rule of Court. An award made under Arbitration and Conciliation Act […]
Section 24 of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013
24. Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in certain cases.— (1) Notwithstanding anything contained in this Act, in any case of land acquisition […]
That the arbitrator is not required to give detailed judgement for his award – Recording of short intelligible indications of the grounds speaking the mind of arbitrator held to be sufficient compliance. […]
United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958)
New York Convention Article I 1. This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition […]
In Oil and Natural Gas Corporation Ltd. Versus SAW Pipes Ltd. AIR 2003 SC 2629 : (2003) 3 SCR 691 : (2003) 5 SCC 705 : JT 2003 (4) SC 171 : (2003) 4 SCALE […]
Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?
Under sub-section (1)(a) of S. 28 there is a mandate to the Arbitral Tribunal to decide the dispute in accordance with the substantive law for the time being in force in India. […]
31. Form and contents of arbitral award.— (1)An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal. (2)For the purposes of sub-section (1), in […]
Whether the Award of the Arbitrator tantamounts to a Decree or not, Yes, an Award has to be enforced under the Code of Civil Procedure in the same manner as it were a Decree of the Court.
(SUPREME COURT OF INDIA) in Leela Hotels Ltd. Versus Housing and Urban Development Corporation Ltd. (2011) 12 SCALE 573 18. It was next submitted by the learned ASG that analogy of a post-decretal payment cannot be […]
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 […]
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.
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 […]
AFCONs Infrastructure Ltd. and AnOTHER Vs Cherian Varkey Construction Co. (P) Ltd. and OTHERS 26/ 7/2010
A civil court exercising power under Section 89 CPC cannot refer a suit to arbitration unless all the parties to the suit agree to such reference. If the reference is to arbitration or conciliation, the court has to record that the reference is by mutual consent. If the reference is to any other non-adjudicatory ADR process, the court should briefly record the same.
KEYWORDS:-“seat” and “venue” for holding arbitration proceedings DATE:-May 01, 2018 The case referred to a larger bench- QUESTION POSED :-When the arbitration agreement specify the “venue” for holding the arbitration sittings by […]
Maharashtra State Electricity Distribution Company Ltd. Vs. M/s. Datar Switchgear Ltd. & Ors.[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 […]
KEYWORDS:- Jurisdiction of the Arbitral Tribunal- December 08, 2017- It is a well-settled principle in Arbitration Law that the award of an Arbitral Tribunal once passed is binding on the parties. The […]
ARBITRATION AND CONCILIATION ACT, 1996: s. 37 – Appeal against order rejecting objection u/ s 34 – Applicability of Code of Civil Procedure – Held: Award has the potentiality of enforcement – Therefore, when […]