Court No. - 30
(1) Case :- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. - 53 of 2023
Appellant :- National Highway Authority ... Counsel for Appellant :- Madhukar Ojha
Connected With
(2) Case :- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. - 54 of 2023
Appellant
parties agree to arbitration, then the provisions of the Arbitration
and Conciliation Act, 1996 will apply and that case will go outside the
stream ... arbitration".
Section 89(2) provides that where a dispute has been referred for
arbitration or conciliation, the provisions of the Arbitration and
Conciliation
whether the
provisions of the Arbitration Act, 1940 shall apply or the provisions of
the Arbitration & Conciliation Act, 1996 would apply to the pending ... arbitrator
passed an order under section 33 of the Arbitration & Conciliation
Act, 1996. The arbitration petition was filed on 11 th July
Arbitration and
Conciliation Act, 1996 and not by the Arbitration and Conciliation
(Amendment) Act, 2015 and more particularly Section 11 (6- A) of the
Arbitration ... Arbitration & Conciliation Act, 1996 inserted by
the Arbitration & Conciliation (Amendment) Act, 2015 would apply to
the arbitration proceedings commenced by virtue
under the Arbitration
and Conciliation Act, 1996 . The learned Single Judge has further
noted that Section 73 of the Arbitration & Conciliation Act
provided ... agree for conciliation,
there can be no "conciliation". As a consequence, as in
the case of arbitration, the court cannot refer the parties
COURT
(1) This is an arbitration application under Section 11 of the Arbitration and Conciliation Act, 1996 (in short ... deciding an application under Section 11 of the Arbitration and Conciliation Act, 1996. In the said case the Apex Court clearly laid down that there
Arbitration Petition No.410 of 2015 filed under Section
37(1)(b) of the Arbitration and Conciliation Act, 1996 (for short "the
Arbitration ... section 17 of the Arbitration &
Conciliation Act, 1996. Reliance is placed on the judgment of the
Supreme Court in case of Arjun Kanoji Tankar
provision of
Arbitration and Conciliation Act, 1996 . Though the appellant has
approached the High Court under section 9 of the Arbitration and
Conciliation ... Arbitration and Conciliation Act, 1996 all other
provisions of the Arbitration and Conciliation Act, 1996 will apply to
Arbitration under Electricity Act, 2003 unless there
case of conflict
Patna High Court REQ. CASE No.1 of 2014 (10)
6
in between the Central Act i.e. Arbitration and Conciliation ... made by Parliament.
27. In the present case the Arbitration and Conciliation
Act, 1996 has been legislated by the Parliament whereas Bihar
Public Works Contract
arbitration clause in the
instant case.
2. As a prelude, the instant petition has been filed under
Section 11 (6) of the Arbitration and Conciliation ... Venue to be the
Limited] the Arbitration seat. In this
and Conciliation case, arbitration
Act. In the case could be held at
of a foreign
