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
exists a dispute resolution
mechanism through the Dispute Adjudication Board, after which
arbitration is also provided, and as the appellant had an efficacious
alternative remedy ... Delhi High Court vide an
application under Section 9 of the Arbitration and Conciliation Act,
1996 [“1996 Act”], for interim protection against deduction and
recoveries
directed against the judgment dated 8.2.2005 of the
Guwahati High Court allowing Arbitration Appeal No.1/2004 filed by the
respondents and setting aside ... dismissed the petition filed by respondents filed under section 34 of
2
Arbitration & Conciliation Act, 1996 and affirmed the Award passed by the
Arbitrator
some cases, frustrate the very reason for going for
an arbitration.
2. This appeal is filed against the final order and judgment dated
27.04.2007, passed ... Judicature at Madras, questioning the award under Section 34 of
the Arbitration and Conciliation Act, 1996 (hereinafter “ Arbitration
Act ”), by the respondent. The learned Single
Retd.), C.P.W.D., for adjudication. During the pendency of
the arbitration proceedings, the work was still being executed
by the Company. 13 Claims ... aside in terms of Section 34(2) of
the Arbitration and Conciliation Act, 1996 (hereinafter referred
to as "the Act"). On the other
statutory flavour. Bye-laws 248 to 281D
provide for and govern the arbitration between members
and non-members and Bye-laws 282 to 315L provide ... govern the arbitration between members of the
Exchange.
2. The first respondent raised and referred a
dispute against the second respondent and the appellant
under
whether the power of a court under Section 34 of the
Arbitration and Conciliation Act, 1996 [“ Arbitration Act ”] to “set
aside” an award ... National Highways Act, 1956
[“ National Highways Act ”], Section 34 of the Arbitration Act must
be so read as to permit modification of an arbitral award
Whether in exercise of its power under Section 37 of
the Arbitration and Conciliation Act, 1996 (hereinafter, ‘ the
1996 Act’), the Division Bench ... resulting in an Event of
Default under the Concession Agreement. DMRC invoked
arbitration under Article 36.2 of the Concession Agreement
interesting question as to the
interpretation of Section 12(5) of the Arbitration and Conciliation Act,
1996 [“Act”].
3. The appellant, Bharat Broadband Network ... General
(Commercial) Conditions of Contract [“GCC”] provides for arbitration.
The said clause reads as under:
“III.20 ARBITRATION
III.20.1 In the event
