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 […]