CiteTEXT
...Manju Goel, J.:— This application captioned as under Section 5 of Arbitration and Conciliation Act.... Section 5 of the Arbitration and Conciliation Act bars the jurisdiction of this court in inte...arbitration between the plaintiff and the defendant. Nor is there any agreement between the plaintiff and the defendant which bars the jurisdiction of courts in Delhi. The application of the defendant for ...
...8 of the Arbitration and Conciliation Act, I am of the opinion that mere inclusion of an arbitration clause in the agreement does not bar or cause to oust the jurisdiction ...the Arbitration and Conciliation Act, which says that "in the matters governed by first part of the Arbitration and Conciliation Act, no judicial authority shall interve....
2. Once an application is duly filed in terms of Section 8 of The Arbitration and Conciliation Act, 1996 (hereinafter referred to as '...
...an arbitration agreement, then by virtue of sub-section (5) of Section 16 of the Arbitration and Conciliation Act, the arbitrator was bound to continue...arbitral award. The only right that the petitioners now had was to challenge the award under Section 34 of the Act after it is made. Once the arbitrator gave his decision, it was not open to the...cross-examination, they could not do so after the decision. This would not even be a ground of challenge under Section 34 of the Act. However, we clarify that the above will not mean that whilst...
...as such the arbitral proceedings are without jurisdiction. The learned Single Judge of the Bombay High Court came to hold that in view of Section 5 of the Arbitration and ...referred for arbitration to an Arbitral Tribunal. But, bearing in mind the very object with which the Arbitration and Conciliation Act, 1996 has been enacted and the provisions thereof contained i...) of Section 16 would make it clear that such a decision would be amenable to be assailed within the ambit of Section 34 of the Act.5. In this view ...
....
ORDER
Applicant has filed this application under Section 11(6) of Arbitration and Conciliation Act, 1996 for appointment of arbitr...Arbitration and Conciliation Act, 1996. In view of same, independent arbitrator may be appointed to adjudicate the dispute between applicant and non-applicant.
3. Counsel appe...applicant points out to different document to show that consent was given due to clerical mistake. Later on, letters were written that they do not want to wave of applicability of Section 12(5) of the ...
...of 2022: This Original Petition has been filed under Section 11(5) of the Arbitration and Conciliation ...Section 11(5) of the Arbitration and Conciliation Act, 1996, praying to appoint a sole arbitrator for am...Arbi.(Comm.Div)No.144 of 2022: This Original Petition has been filed under Section 11(5) of the Arbitration and ...
...contained in Section 5 of Arbitration and Conciliation Act, 1996 read with Section 16 thereof, since the Arbitral Tribunal had the power and jurisdiction to rule on ...after commencement of arbitration proceedings before the stock exchange. Referring to Section 5 of Arbitration ...Arbitration and Conciliation Act, held that for interpretation of Section 8, Section 5 would have no bearing because it contemplates that in the m...
...Ruma Pal, J.— Leave granted.2. The question which arises for determination in this case is whether the provisions of Section 5 of the Limitation Act, 1963...the time-limit prescribed under Section 34 to challenge an award is absolute and unextendible by court under Section 5 of the Limitation Act. The Arbitration and ...application was amended by inserting the words “Arbitration and Conciliation Act, 1996” in place of “Arbitration Act, 1940”. The application was dismissed by the learned Single Judge on 2...
...under section 5 of Arbitration and Conciliation Act of 1996. The Complainant hired vehicle for ...Act for an Order directing the opposite parties not to seize the tipper lorry bearing No. KL 12 D 9477 (Eicher) from the premises of complainant till the disposal of the case and directing the opposite...27 Rs.18,800 and 28 to 47 Rs.6,909/-. The complainant paid total amount of Rs.1,33,620/-. Opposite parties men demanded 36% additional interest from complainant. Accordingly 5 numbers of installments...
...R.V Raveendran, J.— Leave granted. Heard learned counsel for both the parties. The matter relates to interpretation of sub-section (5) of Section 7 of the ...contract between the parties.9. The appellant also contended that having regard to Section 7(5) of the Arbitration and Conciliation Act, 1996, the ...the sub-contractor.13. Section 7 of the Act defines “arbitration agreement”. Sub-sections (1) and (5) of Section 7, relevant for our purpose, are extr...
...16.09.2019. However, the notice dated 31.12.2021 issued for commencement of arbitration proceedings would not confirm to the requirements of Section 11(5) of the Arbitration and .... Therefore, with liberty to the petitioner to file another petition after issuance of notice as required under Section 11(5) of the Arbitration and Conciliation Act 1996, the pe...FILED
UNDER SEC. SEC.11(4)(A) OF THE ARBITRATION AND
CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE
ARBITRATOR IN VIEW OF THE ...
...This revision is filed against the order of dismissal of the application under Section 8 read with Section 5 ...Section 5 of the Arbitration and Conciliation Act, 1996. The said application was dismissed on the ground that clause 29 of the agreement contemplates that disputes ...either side and also the decisions relied on by them, I proceed to consider the dispute involved in this case.9. Section 2-b, 5, 7 and 8 of the Arbitration and ...
...so owing to clause (b) of Section 25 referring only the sub-section (1) of Section 23 and not sub-section (4) of Section 23.
6. One o...Khan Road, Nungambakkam, Chennai - 600 006. .. Respondent Appeal filed under Section 37(2)(b) of The Arbitration and Conciliation Act, 1996 read with Section 13 of The Commercial...'The Arbitration and Conciliation Act, 1996 (Act 26 of 1996)' (hereinafter 'A and C Act' for the sake of convenience and clarity); that this agreement ran into ...
...judgment debtor in view of the fact that the Arbitrator so appointed was appointed in violation of Section 12(5) of the Arbitration and Conciliation Act, 1996. He furthe...of 2
was appointed in violation of Section 12(5) of the Arbitration and Conciliation Act, 1996 ...22.08.2025, this Court is of the considered view that once the award has been passed prior to the amendment of the Arbitration and Conciliation Act, 1996 in the year 2015, the aforesaid provision ...
...of Rs. 165,67,98,570/- to the respondent-Company by an agreement dated 20.09.2010 which contains the arbitration clause. Subsequently, after coming into force of Arbitration and ...provided thereon. Clause 64(3)(b) deals with the appointment of arbitrator where applicability of Section 12(5) of the Arbitration and Conciliation ..., learned counsel appearing for the respondent submitted that the Arbitration and Conciliation Act, 1996 was amended with effect from 23.10.2015 and in the present case, the demand for arbitration...
...Shiv Narayan Dhingra, J.:—This arbitration petition has been made under Section 11(5) of the Arbitration and Conciliation Act, 1996 by the pe...of the application does not show how the petitioner has relied upon this consignee agreement between Supreme Electronics and the respondent for settlement of arbitration dispute between the petitioner and ...Company and respondent to an Arbitrator. The petitioner has raised a claim of sum of Rs. 3,13,205/- against the respondent.2. A perusal of consignee agreement shows that the agreement is...
...application under Section 3G(5) and (6) of the National Highways Act, 1956 read with Section 23 of Arbitration and Conciliation Act, 1996 was dismissed...fourth line of first para "Section 34 of the Arbitration and Conciliation Act, 1996" has been typed, whereas the correct provision is "Section 3G(5) and (6) ...the last para i.e. para 9 of the order.
On due consideration, application is allowed for the reasons stated therein. In the first paragraph instead of "Section 34 of the Arbitration ...
...arbitrator. At that stage, the petitioner approached the Chief Justice of the High Court under Section 11 sub-section (5) read with Section 15(2) of the Arbitration and ...of Section 15 thereof and that in terms of Section 15(2) of the Act, the Managing Director could, on the basis of the arbitration agreement, appoint another arbitrator w...Chief Justice and the Division Bench have rightly understood the scope of Section 15 of the Act. When the arbitrator originally appointed in terms of the arbitration agreement withdrew fo...
...Arbitration and Conciliation Act, 1996
and Scheme of Appointment of Arbitrator praying that in the circumstances stated in
the affidavit filed therewith, the High Court ma..., Situated at RUBY-207, [Vy Home Jewel,
IVadinaguda, Hyderabad - 500049.
...APPLICANT
AND
1
2
3
...RESPONDENTS
Application under Section 1 1 (5) of the...appoint an Arbitrator
to resolve the disputes between the parties which arose under the Agreement
CA.No. CWE/AF(S)IAFAl17 dated 18-08-2010 as per the Section 11 (5) of
Arbitration...
...waive the provisions of Section 12(5) of the Arbitration and Conciliation Act, 1996. On this stand of the respondent, a communication dated 18.10.2023 has been sent by t...
Page 1 of 2
submit that the petitioner is agreeable to waive the requirement of Section 12(5) of the Arbitration ...
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/PETN. UNDER ARBITRATION ACT NO. 5 of 2023...