Oral):
1. The present petition under Section 34(2) of the Arbitration and
Conciliation Act, 1996, has been filed to assail the arbitral award dated ... Arbitral
Tribunal, which, according to the Petitioner, is contrary to arbitration
agreement between the parties as well as the provisions of the Arbitration
Signature
filed, aggrieved
by the common judgment dated 11.08.2017 passed in Arbitration
1
C.A.Nos.1570-1578 of 2021 etc.
Appeal ... aforesaid judgment, High Court has allowed the Arbitration
Appeals filed by the respondent no.1-Kerala State Road
Transport Corporation, by setting aside the common
Hima Kohli
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
ARBITRATION PETITION (CIVIL) NO. 17 OF 2020
DLF Home Developers Limited
..... Petitioner
VERSUS ... Rajapura Homes Private Limited & Anr. ..... Respondent(s)
WITH
ARBITRATION PETITION (CIVIL) NO. 16 OF 2020
DLF Home Developers Limited
..... Petitioner
VERSUS
Begur OMR Homes
Service Level Agreement dated 29.03.2011 in the
present case contains an arbitration clause, which reads as under :
“6.11 Resolution of Dispute
HARSAC, Haryana ... party may require that the dispute be referred
for resolution by formal arbitration.
All question, disputes or differences arising under
Court
is whether the impugned judgment was correct in setting aside
the arbitration award in favour of the ONGC.
4. Before we analyse the case ... suffered could be
granted. However, the District Judge modified the costs of
arbitration from Rs.25 lakhs to Rs.9,40,000/-.
18. Both parties
These appeals raise interesting questions relatable to Part II of the
Arbitration and Conciliation Act, 1996 [the “ Arbitration Act, 1996 ”]
which provisions deal inter alia ... which is “General” then states as follows: -
(d) Interpretation, Amendment, Law, Arbitration, and
Assignments
2
(i) This Agreement is subject to the laws
Rajasthan at
Jaipur allowing the applications under Section 11 of the
Arbitration & Conciliation Act, 1996 (hereinafter referred to as
‘the Act’) and appointing ... distributorship agreement provided
for resolution of disputes. Clause 13 contains an arbitration
clause and it provides that all disputes and differences arising
Enterprises Development Act, 2006 (for
short ‘ MSMED Act ’) and the provisions of Arbitration and Conciliation
Act, 1996 . It is submitted that even after the order ... Section 18(3) of the MSMED Act, Council has to initiate arbitration
proceedings. On failure of conciliation, the Council shall either itself
take
GULSHAN KUMAR
ARORA
Date: 2021.04.15
16:32:28 IST
Reason:
farms. The arbitration clause is contained in clause 8.5 of the purchase order which
reads ... dispute[s] and differences if any shall be settled
by arbitration in the manner hereinafter provided.
Arbitration shall be conducted by three arbitrators; one
each
whether two
companies incorporated in India can choose a forum for arbitration outside
India – and whether an award made at such forum outside India ... said to be a
“foreign award” under Part II of the Arbitration and Conciliation Act, 1996
[“ Arbitration Act ”] and be enforceable as such.
Factual Background
