Arbitrator–Appointment of–Power of Chief Justice–Law summed up.
2007(4) LAW HERALD (SC) 2878 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar…
Arbitrator—Appointment of—Once petition under Section 11(6) is filed before the Court, seeking appointment of an arbitrator, the power to appoint an arbitrator in terms of arbitration clause of the agreement ceases.
2007(4) LAW HERALD (SC) 2870 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 3692…
Arbitration Act, 1940 – Section 30 – Arbitration award – Setting aside of – Existence of dispute condition precedent – Ground of non-existence of dispute – Whether can be raised for first time in appeal before Supreme Court
AIR 2000 SC 3185 : (2000) 1 JT 497 Supp : (2000) 7 SCALE 168 : (2000) 8 SCC 1 : (2000) 4 SCR 22 Supp : (2000) AIRSCW 3690…
Arbitrator—Appointment of—It there being an agreed procedure for resolution of disputes by arbitration in accordance with rules of arbitration of India Council of Arbitrator, then Section 11(3) (4) (5) can have no application.
2007(4) LAW HERALD (SC) 2846 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 2386…
Arbitration and Conciliation Act, 1996—Arbitral Award—Contract on turkey basis–Dispute arose—Arbitral Tribunal formed
2007(4) LAW HERALD (SC) 2805 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 4079-80 of 2007…
Arbitration Agreement—Dispute which can be tackled by arbitrator in terms of arbitration clause; should not ordinarily be adjudicated by courts. Arbitration agreement—The photocopies of the lease agreements could be taken on record under Section 8 of the Arbitration Act for ascertaining the existence of arbitration clause.
2007(4) LAW HERALD (SC) 2641 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 2016 of…
Commission to nominate the arbitrator under Section 86 of Act of 2003 – Act of 2003 has provided for arbitration of disputes between licensees and generating companies by the Commission or its nominated arbitrator – Special law overrides the general law – Section 11 of the 1996 Act has no application on such dispute.
AIR 2008 SC 1921 : (2008) 2 ARBLR 1 : (2008) 1 CLT 841 : (2008) 2 CompLJ 357 : (2008) 4 CTC 539 : (2008) ELR 1 :…
Arbitrator–Appointment of–International transaction–Parties agreed to decide all matters as per British Rules of Arbitration–Not possible for Court to substitute it with Act of 1996.
2007(3) LAW HERALD (SC) 2474 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.H. Kapadia Arbitration Petition No. 8 of 2007 (Under Section 11 (6) of…
Arbitrator—Appointment of—Procedure agreed upon between the parties for foundation of tribunal broke down—Parties are justified in approaching to Chief Justice of India for appointment of Chairman.
2007(3) LAW HERALD (SC) 2404 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P.K. Balasubramaniyan Arbitration Petition No. 11 of 2006 (Under Section 11(6) of the…
Arbitration Act, 1940 – Section 30 – Arbitrator – Appointment of – Dispute relating to contract for construction of quarters – Erstwhile officer of undertaking who had dealt with matter and had correspondence with contractor at relevant time cannot continue as arbitrator – Proposal not fair to either party.
AIR 2001 SC 1179 : (2001) 3 JT 293 : (2001) 2 SCALE 159 : (1995) 1 SCALE 705 : (2001) 4 SCC 86 : (2001) 1 SCR 1152…