M/s. Consolidated Engineering Enterprises Versus Principal Secretary, (Irrigation Department) and OTHERS [ ALL SC 2008 APRIL]

KEYWORDS:- APPLICABILITY OF LIMITATION LAW IN ARBITRATION AIR 2008 SCW 4182 : JT 2008 (6) SC 22 : (2008) 6 SCALE 748 : (2008) 7 SCC 169 (SUPREME COURT OF INDIA) M/s. Consolidated Engineering Enterprises Appellant Versus Principal Secretary, (Irrigation Department) and OTHERS Respondent WITH Hatti Gold Mines Co. Ltd. Appellant Versus Vinay Heavy Equipments… Read More M/s. Consolidated Engineering Enterprises Versus Principal Secretary, (Irrigation Department) and OTHERS [ ALL SC 2008 APRIL]

Whether Section 14 of the limitation Act can be relied upon for excluding the time spent in prosecuting remedy before a wrong forum in the context of the provisions contained in Arbitration and Conciliation Act, 1996.

The question whether Section 14 of the limitation Act can be relied upon for excluding the time spent in prosecuting remedy before a wrong forum was considered by a two Judge Bench in State of Goa v. Western Builders (supra) in the context of the provisions contained in Arbitration and Conciliation Act, 1996. The Bench… Read More Whether Section 14 of the limitation Act can be relied upon for excluding the time spent in prosecuting remedy before a wrong forum in the context of the provisions contained in Arbitration and Conciliation Act, 1996.

Whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996.

In Union of India v. Popular Construction Company , Supreme Court considered the question whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996. The two-Judge Bench referred to earlier decisions in Vidyacharan Shukla v. Khubchand Baghel,… Read More Whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996.

The Arbitration and Conciliation Act, 1996

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… Read More The Arbitration and Conciliation Act, 1996

Introduction to the Indian Law of 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… Read More Introduction to the Indian Law of Arbitration and Conciliation Act 1996

Where the law has given jurisdiction to determine, certain matters to specified tribunals only, such matters cannot be referred to arbitrations

AFCONs Infrastructure Ltd. and AnOTHER Vs Cherian Varkey Construction Co. (P) Ltd. and OTHERS  a) Insolvency proceedings b) Probate proceedings c) Appeal under Section 92, CPC d) Proceedings for appointment of guardian e) Matrimonial causes – except settlement of terms of separation or divorce f) Title to immovable property in a foreign country g) Claim… Read More Where the law has given jurisdiction to determine, certain matters to specified tribunals only, such matters cannot be referred to arbitrations

Lok adalats have no adjudicatory or judicial functions — their functions relate purely to conciliation and must be based on compromise or settlement between the parties

In  State of Punjab & Another Vs Jalour Singh & Others [AIR 2008 SC 1209] Apex Court Held Lok Adalats have no adjudicatory or judicial functions. Their functions relate purely to conciliation. A Lok Adalat determines a reference on the basis of a compromise or settlement between the parties at its instance, and puts its seal of confirmation… Read More Lok adalats have no adjudicatory or judicial functions — their functions relate purely to conciliation and must be based on compromise or settlement between the parties

Whether the reference to ADR Process is mandatory Under Section 89 of Code [CPC]

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… Read More Whether the reference to ADR Process is mandatory Under Section 89 of Code [CPC]

AFCONs Infrastructure Ltd. and AnOTHER Vs Cherian Varkey Construction Co. (P) Ltd. and OTHERS [ALL SC 2010 JULY ]

KEYWORDS: Alternative Dispute Resolution- Arbitration HELD:- 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… Read More AFCONs Infrastructure Ltd. and AnOTHER Vs Cherian Varkey Construction Co. (P) Ltd. and OTHERS [ALL SC 2010 JULY ]

Though an arbitrator is specified in the agreement for arbitration, if circumstances so warrant, the Chief Justice or the designated Judge is free to appoint an independent arbitrator

Supreme court in the case of Union of India v. BESCO Ltd. [Civil Appeal No.4483 of 2017], while examining the issue as to whether the Chief Justice of a High Court or any person or institution designated by him, while exercising power under Section 11(6) of the Arbitration and Conciliation Act, 1996 is bound to… Read More Though an arbitrator is specified in the agreement for arbitration, if circumstances so warrant, the Chief Justice or the designated Judge is free to appoint an independent arbitrator

Place of arbitration determines the law applicable to arbitration and related matters and in pursuance arbitration agreement if the arbitration took place outside India Part-I of the Arbitration Act to be excluded.

Supreme court in the case of Imax Corporation v. M/s E-City Entertainment (I) Pvt. Ltd. [Civil Appeal No.3885 of 2017], while addressing the issue as to whether the seat of arbitration itself is a decisive factor to exclude Part-I of the Arbitration and Conciliation Act, 1996, it was held that “the relationship between the seat of arbitration and the… Read More Place of arbitration determines the law applicable to arbitration and related matters and in pursuance arbitration agreement if the arbitration took place outside India Part-I of the Arbitration Act to be excluded.

M/s. S. B. P. and Co. Versus M/s. Patel Engineering Ltd. and ANOTHER[ALL SC 2005 OCTOBER]

KEYWORDS:- ARBITRATION- DATE:-26-10-2005- What is the nature of the function of the Chief Justice or his designate under Section 11 of the Arbitration and Conciliation Act, 1996? AIR 2006 SC 450 : (2005) 4 Suppl. SCR 688 : (2005) 8 SCC 618 : JT 2005 (9) SC 219 : (2005) 9 SCALE 1 (SUPREME COURT… Read More M/s. S. B. P. and Co. Versus M/s. Patel Engineering Ltd. and ANOTHER[ALL SC 2005 OCTOBER]