The general principle is that everyone has a right to waive the advantage of a law without infringing any public right or public policy. It is well settled that parties can contract […]
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. […]
Whether Sec 14 of Limitation Act can be relied upon for excluding time spent in prosecuting remedy before a wrong forum in context of provisions contained in Arbitration and Conciliation Act 1996.
Under Section 14 of the limitation Act if the party has been bona fidely prosecuting his remedy before the court which has no jurisdiction whether the period spent in that proceedings shall be excluded or not.
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 […]
An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto.
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 […]
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 […]
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 […]
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 […]
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 […]
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.
Table of Contents Arbitration Act (CHAPTER 10) Long Title Part I PRELIMINARY 1 Short title 2 Interpretation 3 Application of this Act Part II ARBITRATION AGREEMENT 4 Definition and form of arbitration […]
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 […]
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 […]
An arbitration agreement means an agreement which is enforceable in law and the jurisdiction of the arbitrator is on the basis of an arbitration clause contained in the arbitration agreement. However, in a case where the parties alleged that the arbitration agreement is vitiated on account of fraud, the Court may refuse to refer the parties to arbitration.
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 : […]
M/s. ONGC Mangalore Petrochemicals Ltd. Vs. M/s. ANS Constructions Ltd. & ANR.[ALL SC 2018 FEBRUARY]
KEYWORDS:- appointment of an arbitrator -EXAMPLES OF ARBITRABLE DISPUTE- DATE:- February 7, 2018- Whether after the contract comes to an end by completion of the contract work and acceptance of the final bill in […]
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, […]
KEYWORDS:-APPOINTMENT OF ARBITRATOR-STANDARD FORM OF CONTRACT- DATE:-January 05, 2018- Though general reference to an earlier contract is not sufficient for incorporation of an arbitration clause in the later contract, a general reference […]
This online commentaries shall present section-wise treatment the statute with exhaustive covering corresponding Law, scope and numerous topics and sub-topics based on case-laws of Supreme Court.