Delhi. The
Division Bench in an appeal under Section 37 of the Arbitration Act, 1996
has stepped in to set aside the judgment ... upheld the
award. In an appeal filed under Section 37 of the Arbitration Act, vide the
impugned judgment dated 8th February, 2012, a Division Bench
Shah, J.
COURT'S JURISDICTION UNDER SECTION 34 OF THE
ARBITRATION AND CONCILIATION ACT, 1966
Before dealing with the issues involved in this appeal ... passed by the
Arbitral Tribunal is challenged under Section 34 of the Arbitration
and Conciliation Act, 1996 (hereinafter referred
terms of a possible
settlement and refer the same for
(a) arbitration;
(b) conciliation;
(c) judicial settlement including
settlement through Lok Adalat; or
(d) mediation ... Where a dispute has been referred
(a) for arbitration or conciliation, the provisions
of the Arbitration and Conciliation Act, 1996
(26 of 1996) shall apply
Four Platform Installation Main
Contract").
The said contracts contained arbitration agreements.
BSCL and Mcdermott International Inc. (for short "MII") entered into
Technical ... operation of a fabrication yard. The said agreement
contains a separate arbitration clause between the parties.
However, with regard to the fabrication and installation
Author: Uday Umesh Lalit
Bench: Indu Malhotra , Uday Umesh Lalit
Arbitration Application No.32 of 2019
Perkins Eastman Architects DPC & Anr. v. HSCC (India ... Reportable
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
ARBITRATION APPLICATION NO.32 OF 2019
Perkins Eastman Architects
DPC & Anr. …Applicants
VERSUS
HSCC
appellate
judgment passed in the appeal under Section 39 of the
Arbitration Act, referred the Revision Case to the Division
Bench for deciding the maintainability ... Commissioner at Shillong rejecting the objections
made under Section 30 of the Arbitration Act and making the
award in question, a rule of court
assesses, which are chambers
of commerce, from three sources, namely, (a) arbitration
fees levied by them; (b) fees collected for issuing
certificates of origin ... issuance of certificates of
origin and the settlement of disputes by arbitration are
great facilities for trader of general public utility. There
is however nothing
maintainability of the
complaint:
(i) that in view of the arbitration clause contained in the
agreement, the only remedy available to the respondent ... apply for arbitration and the District Forum did not have the
jurisdiction to entertain the complaint.
(ii) that the respondent had entered into an agreement
RAVEENDRAN, J.
The scope of section 8 of the Arbitration and Conciliation Act, 1996
(Act, for short) arises for consideration in this appeal by special ... date of actual payment
Clause (16) of the deposit agreement provided for arbitration and is
extracted below:
"In case of any dispute with respect
sorted out through
negotiation or, failing that by recourse to arbitration. The
matter was therefore, referred to an arbitrator and the
arbitrator by his award ... word, in Section
2(r) of the Industrial Disputes Act, embraces an arbitration
tribunal. [188 E-F-H 189 A]
Dawking v. Rokely
