consideration in these cases is
whether under Section 9 of The Arbitration and Conciliation Act, 1996
(hereinafter refer0red ... demands being made by the appellant. The hire-purchase
agreement contained an arbitration clause which reads as follows :
"All disputes, differences and/or claims
applicable to an
application challenging an award, under Section 34 of the Arbitration and
Conciliation Act, 1996 (referred to hereafter ... Arbitrator on 29th August, 1998.
Under the impression that the Arbitration Act, 1940 applied, the Arbitrator
forwarded the original Award to the appellant with
subject matter of
the dispute is not capable of being resolved through
arbitration; and
(ii) the conundrum – “who decides” – whether the court at the
reference ... stage or the arbitral tribunal in the arbitration
proceedings would decide the question of non-arbitrability.
The second aspect also relates to the scope
absence of reasons. The
Constitution Bench further held that where the arbitration agreement itself
stipulated reasons for the award the Arbitrator is under a legal ... Clause 23 of the contract contained provision for resolution of disputes
through arbitration. Clause 23 is as under:
All questions and disputes relating
prayers in this suit were substantially the same as
those in the arbitration petition. In one paragraph,
however, in the plaint, it was stated that ... decision of the Chairman and Managing Director,
IFCI was not an arbitration award but was just a decision.
In arbitration petition
exists a dispute resolution
mechanism through the Dispute Adjudication Board, after which
arbitration is also provided, and as the appellant had an efficacious
alternative remedy ... Delhi High Court vide an
application under Section 9 of the Arbitration and Conciliation Act,
1996 [“1996 Act”], for interim protection against deduction and
recoveries
mutually acceptable bank. [Article III-A 3(e)].
The contract contained an arbitration clause which provides
that any disagreement arising out of or related ... resolve by sincere
negotiation shall be finally settled in accordance with the
Arbitration Rules of the International Chamber of Commerce
(for short
October 30, 1990 had
stayed the proceedings and relegated the parties to
arbitration for seeking the remedy. The appellant carried
the matter in appeal ... Commission a judicial authority; therefore, Section 34 of
the Arbitration Act, 1940 is not available to stay the
proceedings. Thus this appeal by special leave
SC1340 (8,9,11)
RF 1992 SC2192 (9,10)
ACT:
Arbitration Act, 1940 : s. 30---Non-speaking
award--Validity of-Not open to court ... Lloyd's Rep, 223 and
Russell on The Law of Arbitration, 20th Edn. 427 referred
to.
2.4 An arbitrator acting beyond his jurisdiction, howev
Chief
Justice of Bombay High Court, under Section 11 of the
Arbitration and Conciliation Act, 1996 [for short, "the
Act"]. The appellant ... amount, the notice be treated as one issued under Clause
20.9 (Arbitration clause) of the Lease Agreement. The
appellant did not pay the amount
