dispute has been
referred for Arbitration or Conciliation, the provisions of the Arbitration and
Conciliation Act, 1996 (for short '1996 Act') shall apply ... proceedings for Arbitration or Conciliation were referred for settlement
under the provisions of 1996 Act. Section 8 of the 1996 Act deals with the
power
parties do not agree for conciliation, there can be no
`conciliation'. As a consequence, as in the case of arbitration, the court
cannot refer ... case of motor accident claims), the court may refer the matter
to Lok Adalat. In case where the questions are complicated or
cases which
arbitration, then the provisions of the
Arbitration and Conciliation Act, 1996 will apply and that
case will go outside the stream of the court ... arbitration
then the provisions of the Arbitration and Conciliation Act will apply and
the case will go out of the stream of the Court
Part I of
the Arbitration and Conciliation Act, 1996 in view of the judgment of Supreme
Court in case of Videocon Industries Ltd. vs. Union ... this court in case of Perma Container (UK)
Line Limited (supra)23 on this issue and judgment of this court in case of HSBC
provisions of the Arbitration & Conciliation
(Amendment) Act, 2015 depending upon the facts
and circumstances of each case, whether issuance
of prior notice under section ... Arbitration and
Conciliation Act, which provides for a waiver are applicable to the
facts of this case. He submits that the respondent did not object
Section 11 (6- A) of the Arbitration and Conciliation Act, 1996 inserted
by the Arbitration and Conciliation (Amendment) Act, 2015 .
29. It is submitted ... Conciliation
(Amendment) Act, 2015 also including section 11 (6- A) of the Arbitration
& Conciliation (Amendment) Act, 2015 .
46. This Court in case
conciliation in a matter pending in court is
concerned, in para 35, the court observed thus :
"Conciliation
35. Conciliation is a non-adjudicatory ... parties do not agree for conciliation,
there can be no "conciliation". As a consequence, as in
the case of arbitration, the court cannot
dispute has been referred for Arbitration or Conciliation, the provisions of the Arbitration and Conciliation Act, 1996 (for short '1996 Act') shall apply ... proceedings for Arbitration or Conciliation were referred for settlement under the provisions of 1996 Act. Section 8 of the 1996 Act deals with the power
time limit for resolution of the said dispute through conciliation and further, in case of not amicably settling the dispute within fifteen days ... case may be. In the instant case, the opening word of arbitration clause 16.3 are that any dispute which is not resolved amicably shall
provision in the Electricity Act, 2003 , in which
case such provision will prevail).
In the said case certain disputes had arisen between the parties
mainly ... application under section
9 of the Arbitration and Conciliation Act, 1996 is maintainable , in that
case the plea of the respondent that the agreement
