The Arbitration and Conciliation Act 1996
18th Mar, 2015
It would be open to the parties to exclude the application of the provision of Part I by express or implied agreement. Unless there is express or implied exclusion, the whole of Part I would […]
7th Mar, 2015
In this particular matter the dispute was between lender-Sundram Finance and borrowers-Respondent no. 1 and 2. A suit was instituted by the Respondents, wherein an application under Section 8 of Arbitration and Conciliation Act, 1996 […]
22nd Feb, 2015
The Court observed that the words in Section 9 of the Act “the party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is […]
11th Dec, 2014
The court never terminates the mandate of an arbitrator. It stands terminated on the happening of an event or event. The court only declares it.
1st Dec, 2014
The expression “justice” when it comes to setting aside an award under the public policy ground can only mean that an award shocks the conscience of the court
24th Nov, 2014
Ordinarily, encashment of an unconditional bank guarantee is not injuncted by a court. In order to obtain an order of injunction, the aggrieved party is required to demonstrate that it is either a case of […]
24th Nov, 2014
An arbitration agreement is an independent agreement and is binding on both the parties and neither of the parties can unilaterally change the terms and conditions of any agreement.
24th Sep, 2014
Supreme Court under no circumstances to be considered as “Court” for the purposes of Section 2(1)(e), and whether the Supreme Court does or does not retain seisin after appointing an Arbitrator
10th Sep, 2014
It is not open to the Arbitrator to arbitrate upon the disputes which in view of a specific clause in the contract to the effect of they been “excepted” issues.
30th Aug, 2014
In considering objections to the Award passed by an Arbitrator, the Court is not justified in reappraising the material on record and substituting its own view in place of Arbitrator’s view.
21st Aug, 2014
Counsel appearing for a party is fully competent to put his signature to the terms of any compromise upon which a decree can be passed in proper compliance with the provisions of Order XXIII Rule […]
21st Aug, 2014
Even if the arbitration agreement specifically provides for any particular qualification(s) of an arbitrator the same would not denude the power of the Court acting under Section 11(6), in an appropriate case to depart therefrom.