loan would end in June
2020 and in the connected petition (Commercial Arbitration Petition (L)
no.1165 of 2018) in June, 2019. It is stated ... disclosure as per the
requirement of Section 11(8) read with Section 12(1) of the Arbitration
and Conciliation Act,1996, to the Prothonotary
orders
contain an arbitration clause. The said 12 purchase orders are all
subject to general terms and conditions containing the arbitration clause
in Clause ... issued a letter referring the disputes to
arbitration under those 12 purchase orders and notice under Section 21
of the 1996 Act was duly received
Arbitration and Conciliation
Act, 1996 (for short 'the Act'). The definition is much narrower
than Section 7 of the Act. Reference ... valid contract for arbitration,
enforcement under Section 49 of the Act can be refused.
Incograin contract No.12 was never easily available. The
English copy
neither would any of the
provisions of Section 16 to 21 of the CPC be attracted. In
arbitration law however, as has been held above ... neither would any of the
provisions of Sections 16 to 21 of CPC be attracted. In arbitration
law however, as has been held above
purportedly passed under section 20 of the Arbitration and Conciliation Act,
1996(for short, "the Arbitration Act ") read with Section ... award made under section 16 of the
Arbitration Act. Such an application was not tenable vide section 16 (6) of the
Arbitration Act. Since such
PRONOUNCED ON: 03.06.2019
JUDGMENT :
1 Petitioner is impugning under Section 34 of the Arbitration and
Conciliation Act 1996 (the said Act) part of the Majority ... Award is liable to be set aside under section 34 (2)(b)
(ii) and section 34 (2-A) of the said Act, only insofar
This Part except sub-section (1) of
Section 40 , Sections 41 and 43 shall apply to
every arbitration under any other enactment
for the time ... such as Sections 2(e) , 2(k) . 8, 9, 10, 11, 12, 13,
14 and 22. Section 2(e) of the definition
section defines that
This Part except sub-section (1) of Section
40 , Sections 41 and 43 shall apply to every
arbitration under any other enactment for the time ... such as
Sections 2(e) , 2(k) . 8, 9, 10, 11, 12, 13, 14 and 22.
Section 2(e) of the definition section defines that
first respondent
has not filed any Original Petition under Section 34 of The Arbitration and
http://www.judis ... that the learned single
Judge traversed beyond the scope of Section 34 of The Arbitration and Conciliation
Act, 1996 and modified the well considered award
rules which are applicable for such
appointment, namely the arbitration agreement. It is contended that
Section 15(2) does not confer any power ... used in sub-section (2) of Section 15 as held by the
Supreme Court would mean the 'arbitration agreement' between the
parties
