Vijay Kumar Sharma & Ors. Etc vs State Of Karnataka & Ors. Etc on 27
seat”/“place” of the arbitration and
also selects the Arbitration Act, 1996 as the curial law/law governing the
arbitration proceedings. It would ... Section 20
12.In section 20 , delete the word “Place” and add the words “Seat and
Venue” before the words “of arbitration
there exists an arbitration
agreement. The amended provision in sub-section (7) of Section 11 provides
that the order passed under Section 11(6) shall ... section (4) or sub-section (5) or sub-section (6), to it.]
13
(11) Where more than one request has been made under sub-section
section (4) or sub-section (5) or sub-section (6) to him.
(11) Where more than one request has been made under sub-section ... under Section 12 , adopting the procedure under Section 13 . There is no reason whatever to conclude that the grounds for challenge under Section
arbitration. On receipt thereof, the
respondent filed an arbitration suits in the Calcutta High
Court under ss. 5 , 12 and 33 of the Arbitration ... arbitrator is
a condition to avail the remedy under s.5. Section 12
accords consequential power which postulates that the power
of the Court where
specifically its arbitration provisions,
10 US SC 440 (2006).
11 79 L Ed 2d: 465 US 1 (1984).
12 561 US 63 (2010).
13
those ... evidence under the proviso to Section 49 of
the Registration Act.
12. When a contract contains an arbitration agreement, it is a collateral term
relating
Maintainability of the appeals under Section 37 of the Arbitration
Act, 1996
11. Section 37(1) of the Arbitration Act, 1996 reads as follows ... measure under
section 9 ;
(c)setting aside or refusing to set aside an arbitral
award under section 34 .”
12. Section 13 of the Commercial Courts
when moved under
sub-Section (4), or sub-Section (5), or sub-Section (6) of Section 11 . Sub-
Section (8) enjoins the Chief Justice ... entrusted to him by sub-Section (4) or sub-Section (5) or sub-
Section (6) of Section 11 . Sub-Section (11) deals with the respective
carry interest" in Clause (b) of Sub-section (7)
of Section 31 clearly indicate that the section contemplates award of only
simple interest ... tribunal as envisioned in sub- section (7) of Section 31 of the Act, 1996.
12. The present reference requires this Court to reconsider the
decision
arbitration proceedings
commenced on September 14, 1995 under the old Act. On this date request for
arbitration was made to the ICC under the arbitration ... Arbitration Suit No, 352-A/97). While these proceedings were pending in
the High Court, Thyssen, on February 12, 1998, filed an application under
Section