CiteTEXT
...1 to challenge the ruling of the arbitrator under Section 16 of the Arbitration Act.26. It must be noted that Section 16 of the Arbitration...arbitrator for adjudication of the disputes. Respondent 1 preferred an application under Section 16 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration ...arbitration award is passed, to challenge the same under Section 34 and Section 37 of the 1996 Act.”(emphasis in original)8. Aggriev...
...arbitrator on the ground that the contract did not provide for arbitration. This led the contractor to file CMP No. 26 of 1999 under Section 11 of the Arbitration Act. By order dated 10-9...Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (for short “the Arbitration Act”).3. The first issue is: whether Jala Nigam could be allowed to raise the...award on 25-6-2000 and the same was published on 14-11-2000.7. Aggrieved by the award, Jala Nigam filed a petition under Section 34(2)(v) of the Arbitration Act before the...
..., the appellant's counsel could not bring to the notice of this court section 26 of the Arbitration and Conciliation (Amendmen...section 21 of the Principal Act before the commencement of the Amendment Act unless the parties otherwise agree. A reading of the impugned judgment discloses that our attention was not dr...section 26 of the Arbitration and Conciliation (Amendment) Act, that we held it is the date of filing of...
...Order XLIII of the Code of Civil Procedure, 1908 (5 of 1908) as amended by this Act and section 37 of the Arbitration and Conciliation Act, 1996 (...counterclaim, if any, in an arbitration of a commercial dispute shall be the basis for determining whether such arbitration is subject to the jurisdiction of a Commercial Division, Commercial Appellate Division or ...of the Commercial Courts Act. Section 26 of Arbitration and Conciliation (Amendment) Act, 2015 reads as under:“26 Act not to apply to pending arbitral pro...
...“No Claim Certificate” on 11-8-1965, whereupon the final bill was passed. On 26-2-1971, the respondents filed a petition under Section 20 of the Arbitration Act to take on the file of the City Civ...under Section 20 of the Arbitration Act. The High Court dismissed the appeal.5. Two judgments of this Court subsequent to the decision in the case of the Town Munic...(1976) 4 SCC 634, (1977) 1 SCR 996 just cited was applied in respect of an application under Section 20 of the Arbitration ...
...appellant under Section 26 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Arbitration Act" for short), came to be rejected.
...the appellant is permitted to file a fresh application strictly in accordance with the provisions of Section 26 of the Arbitration Act, the Arbitrator under the National Highways Act, 195...26 of the Arbitration Act within a period of two weeks from today.
ii) If such an application is filed, the Arbitrator, who has been appointed under the National...
...even if the reasoning provided in the award is implied unless such award portrays perversity unpardonable under Section 34 of the Arbitration Act.26. Having established the...Judge of the High Court of Judicature at Madras, questioning the award under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter “the Arbitration Act”), by the ...lack of reasoning, the High Court proceeded further to note that the option of Section 34(4) of the Arbitration Act was not necessary as the compensation could not have been claimed considering th...
...Act is squarely applicable in the present case. Mr. Hussain have justified the same by making reference to Section 26 of the ...Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015, it cannot be held that the rigour of ...under Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 and the interpretation given to the word “only...
...Gauhati High Court on 26-3-2002 under Section 11 of the Arbitration and Conciliation Act, 1996 (for short “the 1996 Act”). On 10-5-2002 the appellants filed an application under Section 1...applicable to the matters of arbitration covered by the 1996 Act save and except to the extent its applicability has been excluded by virtue of the express provision contained in Section 34(3) of ...received by the appellants on 26-8-2003. On 2-1-2004, the appellants made two applications for setting aside the awards dated 22-8-2003 under Section 34 of the 1996 Act. These applications were...
...the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Arbitration Act') are applicable to Ext. P2 proceedings, the Arbitrator is having jurisdiction under Section 26 ...to be construed as one filed under Section 27 of the Arbitration Act and not under Section 26 as contended by the petitioner and in either case, the remedy of the petitioner is to challen...521] wherein this Court held that, since the jurisdiction of the Court to set aside arbitral award under Section 34 is very limited, an application under Sections 26 and 27 of the Arbitration ...
.... Section 26 of the Arbitration and Conciliation Act (amended 2015) perhaps gives an answer which read as under:“26. Act no to apply to pending arbitral proceedings.- Nothin...Act shall apply to the arbitral proceedings commenced, in accordance with the provisions of section 21 of the principal Act, before the commencement of this Act...consent of the respondent(s), as envisaged in Section 26 (supra) was never recorded by the Court so these arbitration proceedings shall be guided by the unamended provisions of the Act and such pr...
...the present arbitration continued in accordance with Section 3G (4 & 5) of the National Highways Act, 1956 (hereinafter referred to as 'the Act of 1956').
4. ...) shall apply to every arbitration under this Act, i.e. Act of 1956."
5. The provision of challenging the arbitral award is present in Section 34 ...authority in deciding the petition on merit which shall be filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 since the petitioner is pursuing remedy before this...
...Manoharan For Respondent : Mr.Anil Relwani
ORDER
This application has been filed seeking to condone the delay of 26 days in filing the petition unde...
and Conciliation Act, 1996, within a period of three months from the date of receipt of the original Arbitral Award. There has been a delay ...application for not filing the petition under Section 34 of Arbitration and Conciliation Act, 1996, within a period of three months, this Court has to allow this
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...expert was appointed pursuant to the Application which can be said to have been made under section 26 of the Arbitration Act. Section 26 of the Act reads as under:...clearly fall under section 26. The Appeal, which is a creation of statute, would not be maintainable under section 37, as the impugned order is passed on an Application under section 26....A.A Sayed, J.:— This Appeal under section 37 of the Arbitration & Conciliation Act, 1996 (‘Arbitration Act’ for short) impugns an order passed by the learned Arbitrator allowing the...
...respondent did not appoint an arbitrator even after the lapse of thirty days, but filed Arbitration Petition No. 405 of 1999 on 26-10-1999 under Section 9 of the Act for interim protectio.... This Act is codified in tune with the Model Law on International Commercial Arbitration as adopted by the United Nations Commission on International Trade Law (UNCITRAL). Section 11 of the Act deals with...days, the period of 30 days is mandatory or not.22. While interpreting the power of the court to appoint an arbitrator under Section 8 of the Arbitration Act, 1940...
....”28. Gazette Notification No. GSR 375(E) dated 22-8-1996 reads:“In exercise of the powers conferred by sub-section (3) of Section 1 ...to construction and interpretation of Section 85(2)(a) as to the enforceability of foreign award passed after coming into force of the Act, although the arbitration proceedings had commenced prior...continuing the operation of the new law. The new Act 26 of 1996 received the President's assent on 16-8-1996 and was published in the Gazette of India (Extra) Part II Section I dated 19-8-1996...
...claims and counter claims afresh. If the Sole Arbitrator requires the assistance of qualified Engineer/s or Expert/s, he may appoint such person/s under Section 26 of the Arbitration and Conciliation ...is subject to the declarations made under Section 12 of the Arbitration and Conciliation Act, 1996 (as amended) with respect to the independence and impartiality of the arbitrator, and the ability to...devote sufficient time to complete the proceedings within the statutory period of 12 months under Section 29A of the Act. Parties are directed to approach the Indian Council of Arbitration within ...
...Arbitration Act”). On 26-9-2006, the Company Law Board passed an order refusing to refer the parties to arbitration under Section 45 of the Act. Against the said order, the appellant file...application under Section 45 of the Arbitration Act though in a petition filed under Sections 397, 398, 402, etc. of the Companies Act for oppression and mismanagement, in the light of th...precedence over Section 50 of the Arbitration and Conciliation Act, 1996.3. Brief facts, in a nutshell, are:On 5-10-1984, a joint venture agreement was...
...regard to arbitration by or against the Government. There is no requirement under the Arbitration Act for a notice of two months to be given to the Government before invoking arbitration proceeding against.... The claims of the appellant having not been paid, an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act') was filed by the app...State of West Bengal filed an application under Section 34 of the Arbitration Act before the Calcutta High Court. The appellant filed its affidavit in opposition of the aforesaid, to which reply h...
...' for the sake of brevity) is one under Section 11 of 'The Arbitration and Conciliation Act, 1996 (Act 26 of 1996)', which shall hereinafter be referred to as 'A ...(Prayer: Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, to appoint an Arbitrator in terms of Memorandum of Understanding dated 18.08.2018...to resolve the disputes between the petitioner and the respondents under the Arbitration and Conciliation Act, 1996 and to pay the costs of the proceedings.)1. Mr.A.M.Venkatakrishnan, learned...