Search Results for "Section 11(6)"

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Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Dispute — CMD's Ineligibility to Act as Arbitrator Renders Appointment Void Ab Initio. Express Agreement in Writing Under Section 12(5) Proviso Must Be Post-Dispute and Cannot Be Inferred from Pre-Dispute Conduct.

10 Apr 2019

The Supreme Court allowed the appeals filed by Bharat Broadband Network Limited (BBNL) against the judgment of the Delhi High Court, which had rejecte...

Supreme Court

Supreme Court Allows Appeal Against Appointment of Arbitrator Due to Unstamped Arbitration Agreement. Court Must Impound Unstamped Agreement Under Stamp Act Before Proceeding Under Section 11 of Arbitration Act.

10 Apr 2019

The appeal arose from a sub-contract between Garware Wall Ropes Ltd. (appellant) and Coastal Marine Constructions & Engineering Ltd. (respondent) for ...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that pre-amended provisions of the Arbitration and Conciliation Act, 1996 apply to arbitration requests received before 23rd October, 2015, and the High Court must respect the agreed appointment procedure.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where requests for arbitration were made before the Amendment Act, 2015 came into force, the pre-amended provisions apply, and the High Court must respect the agreed procedure for appointment of arbitrator under Clause 64(3) of GCC.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where parties have agreed on a procedure for appointment of arbitrator, the court must respect it unless bias or failure is shown.

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Allows Insurance Company's Appeal, Sets Aside Arbitrator Appointment in Insurance Claim Dispute. Full and Final Settlement Discharge Voucher Signed Without Demur Bars Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

28 Mar 2019

The Supreme Court of India heard appeals by United India Insurance Co. Ltd. against a Delhi High Court order appointing an arbitrator under Section 11...

Supreme Court

Supreme Court Allows Tenants' Appeal, Holds Landlord-Tenant Disputes Under Transfer of Property Act Non-Arbitrable. Dispute Arising from Lease Expiry by Efflux of Time Cannot Be Referred to Arbitration as the Subject-Matter Is Incapable of Arbitration Under Section 11(6A) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The appeal arose from a tenancy agreement dated 02.02.2006 between the appellants (tenants) and the respondent's predecessor-in-title for godowns and ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Incorporation of Arbitration Clause by Reference in Sale Orders Under Coal Distribution Scheme. General Reference to Guidelines Containing Arbitration Clause is Sufficient Under Section 7(5) of Arbitration and Conciliation Act, 1996.

1 Feb 2019

The present civil appeal arose from an order of the Jharkhand High Court rejecting an application under Section 11(6) of the Arbitration and Conciliat...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Appointing Substitute Arbitrator in Contract Dispute. Court Holds That High Court Erred in Terminating Mandate of Arbitrator Appointed by Consent and in Deviating from Arbitration Clause Without Justification.

22 Jan 2019

The appellant, Rajasthan Small Industries Corporation Limited, invited tenders for handling and road transportation of ISO containers and cargo. The r...

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