Arbitration Archives - Page 28 of 30 - Supreme Court of India Judgements

Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of arbitrator – Dispute relating to delay in commencement of work

Apr 9, 2017 sclaw

AIR 2007 SC 285 : (2006) 4 ARBLR 236 : (2007) 1 CompLJ 126 : (2007) 3 CTC 412 : (2006) 12 SCALE 144 : (2006) 13 SCC 240…

Arbitration

Arbitrator—Appointment of—Limitation of 30 days–Cannot be invoked under sub-section (6) of Section 11 of the Act. Arbitrator—Appointment of—Other than nominated in agreement on ground that arbitrator may not be impartial or independent in taking decision—Request not maintainable.

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1332 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Tarun Chatterjee Civil Appeal No. 1783 of…

Arbitration

Award—When the Arbitrator had taken a plausible view on interpretation of contract, it is not open to the court to set aside the award on the ground that the Arbitrator had misconducted himself in the proceedings.

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1171 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice Tarun Chatterjee Civil Appeal No. 1280…

Arbitration

Arbitration Act, 1940 – Sections 19 and 16 (3) – Supersession of reference – Effect of application – Mere filing of an application cannot affect award already made before that date and filing the application.

Apr 9, 2017 sclaw

AIR 1962 SC 671 : (1962) 1 SCR 784 SUPREME COURT OF INDIA B. SUBBARAMA NAIDU — Appellant Vs. B. SIDDAMMA NAIDU AND OTHERS — Respondent ( Before :…

Arbitration

Arbitration Act, 1940 – Section 34 – Stay of suit – Considerations for – Existence of dispute – Determination of – Dispute distinct from the contract in question – Stay of proceedings is not called for.

Apr 9, 2017 sclaw

AIR 1967 SC 688 : (1964) 2 SCR 599 SUPREME COURT OF INDIA UNION OF INDIA (UOI) — Appellant Vs. BIRLA COTTON SPINNING AND WEAVING MILLS LTD. — Respondent (…

Arbitration

Arbitration Act, 1940 – Section 20 – Filing of agreement – Subsequent agreement – Effect of – Arbitration agreement entered into while suit already pending

Apr 9, 2017 sclaw

AIR 1966 SC 402 : (1966) 1 SCR 689 SUPREME COURT OF INDIA RAMVALLABH TIBREWALLA — Appellant Vs. DWARKADAS AND CO. — Respondent ( Before : R. S. Bachawat, J;…

Arbitration

Arbitration Act, 1940 – Section 14 – Limitation Act, 1908 – Article 158 – Limitation – Commencement of – Determination of – Absence of proof – Service of notice of filing of award – Effect of.

Apr 9, 2017 sclaw

AIR 1970 SC 967 : (1969) 3 SCC 447 : (1970) 2 SCR 903 SUPREME COURT OF INDIA DEWAN SINGH — Appellant Vs. CHAMPAT SINGH AND OTHERS — Respondent…

Arbitration

Arbitrator–Appointment of–As and when a question in regard to the validity or otherwise of the arbitration agreement arises, a judicial authority would have the jurisdiction under certain circumstances to go into the said question.

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1094 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha Civil Appeal No. 18 of 2005 India House hold and Health Care…

Arbitration

Granting stay under Section 34 is of course discretionary as the section indicates but the occasion for the exercise of discretion does not arise unless all the conditions stated in the section are fulfilled.

Apr 9, 2017 sclaw

AIR 1975 SC 469 : AIR 1974 SC 469 : (1975) 4 SCC 815 : (1975) 3 SCR 146 : (1975) 7 UJ 137 SUPREME COURT OF INDIA FOOD…

Arbitration

Arbitration Act, 1940 – Section 20 – Arbitration clauses in agreements entered into with Company by officers of the Jammu and Kashmir Forest Department – Agreements executed after notifications by Government empowering the officers came into force – Validity of agreements upheld.

Apr 9, 2017 sclaw

AIR 1977 SC 151 : (1976) 4 SCC 497 : (1977) 1 SCR 937 SUPREME COURT OF INDIA TIMBER KASHMIR PRIVATE LTD. — Appellant Vs. THE CONSERVATOR OF FORESTS,…

Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of arbitrator – Dispute relating to delay in commencement of work

Arbitrator—Appointment of—Limitation of 30 days–Cannot be invoked under sub-section (6) of Section 11 of the Act. Arbitrator—Appointment of—Other than nominated in agreement on ground that arbitrator may not be impartial or independent in taking decision—Request not maintainable.

Award—When the Arbitrator had taken a plausible view on interpretation of contract, it is not open to the court to set aside the award on the ground that the Arbitrator had misconducted himself in the proceedings.

Arbitration Act, 1940 – Sections 19 and 16 (3) – Supersession of reference – Effect of application – Mere filing of an application cannot affect award already made before that date and filing the application.

Arbitration Act, 1940 – Section 34 – Stay of suit – Considerations for – Existence of dispute – Determination of – Dispute distinct from the contract in question – Stay of proceedings is not called for.

Arbitration Act, 1940 – Section 20 – Filing of agreement – Subsequent agreement – Effect of – Arbitration agreement entered into while suit already pending

Arbitration Act, 1940 – Section 14 – Limitation Act, 1908 – Article 158 – Limitation – Commencement of – Determination of – Absence of proof – Service of notice of filing of award – Effect of.

Arbitrator–Appointment of–As and when a question in regard to the validity or otherwise of the arbitration agreement arises, a judicial authority would have the jurisdiction under certain circumstances to go into the said question.

Granting stay under Section 34 is of course discretionary as the section indicates but the occasion for the exercise of discretion does not arise unless all the conditions stated in the section are fulfilled.

Arbitration Act, 1940 – Section 20 – Arbitration clauses in agreements entered into with Company by officers of the Jammu and Kashmir Forest Department – Agreements executed after notifications by Government empowering the officers came into force – Validity of agreements upheld.

You missed

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Supreme Court of India Judgements

Category: Arbitration

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