...no provision which entitles the petitioners to amend the petition. 3. Learned counsel for the petitioners has placed reliance on Section 23(3) of the Arbitration and...Act makes the provisions of the Arbitration and Conciliation Act, 1996 applicable to every arbitration under the Act. 6. Section 23(3) of the ...the parties. 2. The instant petition has been filed by the petitioners aggrieved by order dated 22.05.2024 passed by the Arbitrator in proceedings under Section 3G(5) of the...

...2018 passed by the learned Sole Arbitrator.The Judgment of the Court was delivered byM. Govindaraj, J.:— Against the order passed under Section 23(3) of the ...Conciliation Act, 1996, the appellant is before this Court.2. Section 23 of the Arbitration and Conciliation Act, 1996 (shortly “the Act”) is with regard to filing of statement ...arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making it. Any order passed under Section 23(3) of the Act...

...Petitioner/Counter-Claimant under Section 23(3) of the Arbitration and Conciliation Act, 1996. 2. Shorn of unnecessary details, the facts leading to the present peti..., an application under Section 23(3) of the Arbitration and Conciliation Act, 1996 was filed by the Petitioner/Counter-Claimant withdrawing Claim No.1 which is the loss.... 4. The learned Arbitrator had rejected the argument of the Petitioner/Counter-Claimant herein and had dismissed the application filed under Section 23(3) of the ...

...Claim C [which is permitted under Section 23(3) of the Act] the additional Claim C would not be preceded by a notice seeking arbitration. The date of amendment by which Claim C was introduced, wil...3 of the Limitation Act, 1963 specifies the date of institution for suit, but does not specify the date of “institution” for arbitration proceedings. Section 21 of the Act supplies the om...contract was terminated by the appellant.3. The respondent raised certain claims and gave a notice to the appellant to appoint an arbitrator in terms of the arbitration...

...the nature and character of the claims made initially. (iii) There has been non-compliance of Section 23(3) of the Arbitration &.... Section 23(3) of the Arbitration and Conciliation Act lays down:- "Section 23. Statements of claim and defence...17 CPC, any amendment, once trial has commenced becomes difficult unless certain criterias are met, whereas Section 23 (3) of the Arbitration and Conciliation Act, 1996...

...is concerned, is considerably wide and the restriction available is under Section 23(3) of the Arbitration and Conciliation Act, 1996. That provision reads as follows...petitioner, the second respondent invoked that clause and with the aid of this Court under Section 11 of the Arbitration and...:“23. Statement of claim and defence.--xxxxxxxxxxxxxxx(3) Unless otherwise agreed by the parties, either party may amend or supplement his claim or defence...

...moving an amendment of the claim under section 23 (3) of Arbitration Act 1996. 37. Learned counsel for the respondent submits that in terms of Clause 7.10 and Clause...referring the disputes to the Arbitrator. Referring to Section 23 of the Act, the Supreme Court in Praveen Enterprises (Supra) has held that unless the Arbitration Agreement requires the Arbitrator to..., this tribunal's considered view is that Para 10 (Arbitration clause) of (SECTION ONE) of the agreement entered between the parties, states that" all disputes "are to be referred for arbitration. There...

...claim under section 23 (3) of Arbitration Act 1996." 37. Learned counsel for the respondent submits that in terms of Clause...referring the disputes to the Arbitrator. Referring to Section 23 of the Act, the Supreme Court in Praveen Enterprises (Supra) has held that unless the Arbitration Agreement requires the... 1. This petition has been filed under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') challenging the Arbitral Award dated...

... CONSTITUTION OF INDIA, PRAYING TO DECLARE RULE 11(3) OF 2 ARBITRATION CENTRE RULES AS ULT...petition, the petitioner has assailed the validity of Rule 11(3) of the Arbitration Centre Rules as ultra vires Section 23 and 25 of the Arbitration and Conciliation Act, 1996 an... 25 OF THE ARBITRATION AND CONCILIATION ACT, 1996. QUASH ANNEXURE-E THE ORDERS PASSED BY THE SOLE ARBITRATOR ON 25.11.2016 IN A.C.NO.86...

...Section 23(3) of the Arbitration and Conciliation Act, 1996, respondents-1 to 3 sought for dismissal of the claim of the petitioners. The petitioners ...Section 69(3) of the Indian Partnership Act, to maintain a claim by an unregistered firm, any award passed would be void ab initio.16. He made particular reference to ...Indian Partnership Act being a substantive enactment, the decision to permit the petitioners to file an additional ground as per Section 23(3) of the ...

...have no legal sanctity.23. In support of the submission, the petitioner relies on Section 3(2) of the Arbitration and Conciliation Act, 1996 which provides that...S.S Nijjar, J.— In this petition, under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration Act”) read with Paras 2 and 3...opinion that the aforesaid submission of Mr Bhat cannot be accepted in view of the provision contained in Section 3(2) of the Arbitration and Conciliation Act. Section 3 ...

...as possible, preferably within a period of twelve months after the date of completion of pleadings under Sub-Section 4 to Section 3/6 ..., Amroha District, Uttarpradesh - 244 241. .. Respondent Prayer: Original Petition is filed under Section 11(5) read with 10(2) of the Arbitration and.... Thus, there is a service of notice on the respondent. 2. This petition has been filed under Section 11(5) read with 10(2) of the Arbitration and Conciliation Act, 1996...

...contended that this is so by virtue of section 23(3) of the arbitration & conciliation act, as per which an application for amendment can only be dismissed by the arbitrator if it is delayed, ...Valmiki J. Mehta, J.:— By this petition under Section 34 of the Arbitration and Conciliation Act, 1996 the...avoid delay in the conduct of the arbitration proceedings. This aspect should always be kept in mind by the Courts when dealing in cases arising under the 1996 Act. In fact Section 5 of the Act makes...

...Procedure Code, precludes the application of Order 23, Rule 3 to cases in which there has been a reference to arbitration. 2. But, as was pointed out by...understood as overriding the general power given to parties under Order 23, Rule 3 to adjust their disputes by a lawful compromise at any time after the institution of a suit. ...Shavaksha Dinsha Davar v. Tyab Haji Ayub (1916) 40 Bom. 386. When the terms of the adjustment have been settled by an arbitration and...

...claimed amount as mentioned under Section 23(3) of the Arbitration and Conciliation Act, 1996 which provides that unless otherwise agreed by the parties, either party may amend or supplement his claim...the respondents. 2. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator on the alleged...14.01.2020 under Section 21 of the Arbitration and Conciliation Act, 1996 read with Clause 64.(1)(i) of the General Conditions of the Contract for appointment of arbitrator/arbitrator(s) to adjudi...

... impugned order) passed by the learned Arbitrator under Section 23(3) of the Arbitration and Conciliation Act, 1996 (for short 'the 1996 Act'). 3. It has .... 11. Under Section 23(3), either of the parties could am supplement its claim or defence during the course of arbitral proceedings, unless the Arbitral Tribunal consider...dated December 06, 2021 to the appellant cheque. Furthermore, the claim Section 138 read with Section 141 and 142 of the Negotiable...

....”19. This Court issued notice on the IA on 25 November 2022.20. The provisions of Section 29A were introduced into the Arbitration Act with effect from ...statutorily prescribed mandatory time limits, the question arises whether the amended Section 29A would apply prospectively or retrospectively.31. The provisions of Section 29A, as introduced b...pleadings under sub-section (4) of section 23: Provided that the award in the matter of international commercial arbitration may be made as expeditiously as possible and endeavor may be made to di...

..., 19961, of sub-section (5) by Section 8(2) of the Arbitration and Conciliation (Amendment) Act, 2015, with effect from 23 October 2015. ...prior to introduction of sub-section (5) and Section 12 of the 1996 Act, arbitrators could not be unilaterally appointed and any arbitration by a unilaterally appointed arbitrator would be a nullity... $~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 607/2010 M/S ABL BIOTECHNOLOGIES...

...sub-section (5) by Section 8(2) of the Arbitration and Conciliation (Amendment) Act, 2015, with effect from 23 October 2015. 3. It is now settled by the judgment of the Supreme..., however, seeks to submit that the appointment took place prior to the insertion, in the Arbitration and Conciliation Act, 1996 1, of...Pvt Ltd3 that, even in respect of arbitrations which commenced prior to introduction of sub-section (5) and Section 12 of...

.... He was also of opinion that Section 41 only applied the procedural parts of the Code of Civil Procedure, to proceedings under the Arbitration Act and as Order 23, Rule 3 applied only to...the parties was not mentioned in the Arbitration Act as one of the grounds on which an award could be set aside or modified. He declined to apply Order 23 Rule 3 of the Code of Civil Procedure on ...Arbitration Act. He gave three reasons for not doing so. The first was that Section 41 was headed “Subject to the provisions of the Act” and thus subject to Sections 15, 23(2) and 32 of the ...