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1 - 10 of 20 (0.37 seconds)The Arbitration And Conciliation Act, 1996
The Amending Act, 1897
Section 7 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 12 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 16 in The Arbitration And Conciliation Act, 1996 [Entire Act]
National Insurance Co. Ltd vs M/S. Boghara Polyfab Pvt.Ltd on 18 September, 2008
13.The scope of the power under Section 11 (6) of the 1996 Act was
considerably wide in view of the decisions in SBP and Co.
(supra) and Boghara Polyfab (supra). This position continued
till the amendment brought about in 2015. After the
amendment, all that the Courts need to see is whether an
arbitration agreement exists - nothing more, nothing less. The
legislative policy and purpose is essentially to minimize the
Court’s intervention at the stage of appointing the arbitrator and
this intention as incorporated in Section 11 (6A) ought to be
respected.
M.R. Engineers & Contractors Pvt. Ltd vs Som Datt Builders Ltd on 7 July, 2009
8. The detailed analysis of Section 7(5) in M.R. Engineers (supra)
further fortifies our conclusion that the MoU does not incorporate
an arbitration clause.
Article 136 in Constitution of India [Constitution]
M/S. Konkan Railway Corporation Ltd. & ... vs M/S. Rani Construction Pvt. Ltd on 30 January, 2002
(x) Since all were guided by the decision of this
Court in Konkan Rly. Corpn. Ltd. v. Rani
Construction (P) Ltd. and orders under Section
11(6) of the Act have been made based on the
position adopted in that decision, we clarify that
appointments of arbitrators or Arbitral Tribunals
thus far made, are to be treated as valid, all
objections being left to be decided under Section
16 of the Act. As and from this date, the position
as adopted in this judgment will govern even
pending applications under Section 11(6) of the
Act.