arbitral affairs.
12.A bare perusal of the textual as well as contextual contour of Section 34
of the Arbitration and Conciliation Act, 1996, unmistakably ... award under
Section 34 of the Arbitration and Conciliation Act, 1996, as well as the
parameters of appellate scrutiny envisaged under Section 37 thereof
section (2) or sub-
section (3) of Section 16 ; or
(b) granting or refusing to grant an interim measure
under Section 17 .
Page ... 12:48
context of arbitration proceedings governed by the Arbitration and
Conciliation Act, 1996 , has been subject to considerable judicial
scrutiny and debate. The Arbitration
computing the periods prescribed under
Sections 23(4) and 29-A of the Arbitration and Conciliation
Act, 1996, Section 12-A of the Commercial Courts ... computing the periods
prescribed under Sections 23(4) and 29-A of the Arbitration
and Conciliation Act, 1996, Section 12-A of the Commercial
Page
different courts in relation to the
same arbitration.
12. In Associated Contractors (Supra) the Supreme Court applied Section
42 in exactly such a scenario ... arising
from the same arbitration agreement. Consequently, the Section 34
petitions filed before the Sundargarh court are barred by Section 42 ,
since the Orissa High
scope of the non obstante
clause contained in Section 5 of the Arbitration Act.
47. Section 5 has two facets; positive and negative. The positive ... reduce excessive judicial interference which is not
contemplated under the Arbitration Act .
12. The Arbitration Act itself gives various procedures and
forums to challenge
2018 seeking pursuing the arbitration under Order 23 Rule 1 CPC
on 16.2.2018.
12.Pursuant to the order dated 15.1.2018, both the Civil Suits ... scope of the non obstante clause
contained in Section 5 of the Arbitration Act.
32. Section 5 has two facets -- positive and negative. The positive
dispute as if the
arbitration was in pursuance of an arbitration agreement
referred to in sub-section (1) of section 7 of that ... realm of
arbitration under Section 18 (3) of the MSMED Act. Section 18(2) of the
MSMED Act further provides that Sections
dispute as if the
arbitration was in pursuance of an arbitration agreement
referred to in sub-section (1) of section 7 of that ... realm of
arbitration under Section 18 (3) of the MSMED Act. Section 18(2) of the
MSMED Act further provides that Sections
dispute as if the
arbitration was in pursuance of an arbitration agreement
referred to in sub-section (1) of section 7 of that ... realm of
arbitration under Section 18 (3) of the MSMED Act. Section 18(2) of the
MSMED Act further provides that Sections
dispute as if the
arbitration was in pursuance of an arbitration agreement
referred to in sub-section (1) of section 7 of that ... realm of
arbitration under Section 18 (3) of the MSMED Act. Section 18(2) of the
MSMED Act further provides that Sections
