Arbitration
alternative dispute resolution that resolves disputes outside the judiciary courts.
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Arbitration Agreement – Scope of Arbitrator’s Jurisdiction
Arbitration being a matter of contract, the parties are entitled to fix boundaries as to confer and limit the jurisdiction and legal authority of the arbitrator. An arbitration agreement can be comprehensive and…
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Arbitration Award – Execution of
A perusal of Section 42 of the Arbitration and Conciliation Act, 1996 clearly indicates that if in respect of an arbitration agreement any application under Part I is made in a Court, that…
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Arbitration – Grant of Interim Order under Section 9 of the Act
It is well settled principle of law that normal rules governing grant of interim orders are applicable to the proceedings drawn and conducted under Section 9 of Arbitration and Conciliation Act as well.…
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Remedy Available under Section 34(4) of the Arbitration and Conciliation Act – Can be Invoked Before the Award is Set Aside by the Court
In any case, the limited discretion available to the Court under Section 34(4) can be exercised only upon a written application made in that behalf by a party to the arbitration proceedings. It…
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Arbitration – Interpretation of a Contractual Provision
It is not possible for a Section 34 Court without cogent reasons and without a closer analysis to simply say that the arbitral view is a possible view. What must be assessed is whether, in…
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Substitution of Arbitrator – Under Section 29-A of the Arbitration and Conciliation Act
It is pertinent to note that Section 29-A authorizes the ‘Court’ not only to extend the mandate of the Arbitrator but also to substitute the Arbitrator. The meaning of the word ‘Court’ as…
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Award Cannot be Modified – Under Section 34 of the Arbitration and Conciliation Act
Thus, the settled position is that, while dealing with a Petition under section 34 of the Arbitration Act, the Court can set aside the award but cannot modify the award by substituting it.…
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Pendente Lite Interest
Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 permits the Arbitrator that unless otherwise agreed by the Parties, where and insofar as an arbitral award is for the payment of money, the…
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Execution of – An Arbitration Award
In Hindustan Zinc Ltd. v. National Research Development Corporation, 2023 SCC Online Del 330, the Hon’ble Delhi High Court has also held that for execution or enforceability of an arbitration award, the court…
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Appointment of Arbitrator – Under Section 11(6) of the Arbitration and Conciliation Act
Sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 provides that where, under an appointment procedure agreed upon by the parties, (i) a party fails to act as required under…