24 February 2020

Search Results for Tag : Arbitrator


Mandate of an Arbitrator "shall terminate" by or pursuant to agreement of parties(25.01.2017)

This is a joint application by both Petitioner and Respondents under Section 14(2) read with Section 15 of Arbitration & Conciliation Act, 1996. Both .....

Tags : Arbitrator, Mandate, Termination


Once an application under Section 8 of Arbitration and Conciliation Act, 1996 has been filed, Civil Court has no jurisdiction to continue with the suit(28.12.2017)

Plaintiff has filed a suit for recovery of Rs. 2,31,34,553/- for payment made to Defendant in pursuance to the Commercial Buyers Agreement (Buyer's Ag.....

Tags : Dispute, Arbitrator, Reference


Averments set up by applicants are expected to be specifically denied by replying party, if there is no specific denial, then such an averment is deemed to have been admitted by the otherside(04.06.2018)

The Applicants have filed instant applications before present Court for the appointment of a sole Arbitrator under Section 11(6) of the J & K Arbitrat.....

Tags : Dispute, Settlement, Arbitrator, Appointment


Agreement to confer exclusive jurisdiction on one of Courts to exclusion of other, neither forbidden by law nor against public policy(04.10.2016)

Instant petition filed by Petitioner against Respondent, Mahindra Logistics Limited, seeking appointment of an Arbitrator to adjudicate disputes betwe.....

Tags : Arbitrator, Appointment, Agreement, Jurisdiction


When arbitration clause is not applicable to particular work in question, arbitrator cannot be appointed(11.01.2019)

By way of present application filed under Section 11 of the Arbitration and Conciliation Act, 1996, the Petitioner, said to have entered into a contra.....

Tags : Arbitrator, Appointment, Clause


A party who alleged plea of fraud or coercion is under obligation to prima facie establish same(28.03.2019)

Present appeals have been filed by the Insurance Company assailing the order passed by the High Court appointing an Arbitrator in exercise of power un.....

Tags : Arbitrator, Appointment, Validity


Court will exercise its power under Section 11(6)(a) of Arbitration Act, only where a party fails to act in accordance with appointment procedure agreed between parties(29.08.2019)

The present petition under Section 11 of the Arbitration and Conciliation Act, 1996 challenges appointment of Mr. R.S. Baswana, District and Sessions .....

Tags : Appointment, Arbitrator, Legality


To constitute an arbitration agreement, there has to be statement of claim containing a specific allegation about existence of an arbitration agreement by one party and non denial thereof by other par(22.10.2019)

Present petition has been filed by the Petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator. The.....

Tags : Dispute, Arbitrator, Appointment



Supreme Court: Person Interested in Outcome of Dispute Must not have Power to Appoint Sole Arbitrator(27.11.2019)

Supreme Court has reiterated that a person who has an interest in the outcome or decision of the dispute must not have power to appoint a sole arbitra.....

Tags : Supreme Court, Arbitrator


Mandate of "Ineligible" Arbitrator u/s 12(5) of Arbitration Act terminates automatically: SC(17.04.2019)

Supreme Court held that ineligibility of a person barred from appointment as an arbitrator under Section 12(5) of the Arbitration and Conciliation Act.....

Tags : Supreme Court, Ineligible Arbitrator, Arbitration Act


Person Ineligible to be Arbitrator U/S. 12(5) of Arbitration Act can’t Appoint Another Arbitrator: SC(17.04.2019)

Supreme Court has held that the appointment of arbitrator by a person who himself is ineligible to be an arbitrator as per Section 12(5) of Arbitratio.....

Tags : Supreme Court, Ineligible to be Arbitrator, Arbitration Act


Bombay High Court: Arbitrators Must List No of Cases They Have(30.05.2019)

Bombay High Court has observed that companies or their advocates often appoint the same advocate in hundreds, even thousands of disputes as their arbi.....

Tags : Bombay High Court, Arbitrators


Apex Court: Application under Section 11 of Arbitration Act to Appoint Arbitrator Not Valid(28.08.2019)

Apex Court has ruled that an application under Section 11 of the Arbitration and Conciliation Act, 1996/Arbitration Act for appointment of an arbitrat.....

Tags : Apex Court, Arbitrator


Mere Delay in Passing Award by Itself can't be Ground to Appoint Another Arbitrator: SC(24.01.2019)

Supreme Court has observed that mere neglect of an arbitrator to act or delay in passing the award by itself cannot be the ground to appoint another a.....

Tags : Supreme Court, Ground to Appoint Another Arbitrator


Court can Appoint Arbitrator Only After Resorting to Procedure in Arbitration Agreement: SC(01.04.2019)

Supreme Court has observed that High Court, while dealing with an application under Section 11(6) of Arbitration and Conciliation Act, seeking appoint.....

Tags : Supreme Court, Appointment of Arbitrators


Punjab & Haryana HC: No Bar on Appointment of Former Bureaucrats as Government Arbitrator(16.11.2016)

Punjab and Haryana High Court has held that there is no bar on a former employee, consultant or adviser of a party being appointed as a mediator merel.....

Tags : Punjab and Haryana High Court, Former Bureaucrats, Government Arbitrator


Challenge to Arbitrator Appointed should be Raised Before Arbitrator Himself First: SC(05.12.2018)

Supreme Court has reiterated that any challenge to arbitrator appointed should be raised before arbitrator himself under Section 13 of the Arbitration.....

Tags : Supreme Court, Arbitrator, Appointment of Arbitrator


Former Employee Not Disqualified from Acting As An Arbitrator: SC(04.01.2019)

Supreme Court has held that the Arbitration and Conciliation Act, 1996, does not disqualify a former employee from acting as an arbitrator, provided t.....

Tags : Former employee, Arbitrator


Charging Exorbitant Fee can Lead to Termination of Arbitrator's Mandate: Rajasthan HC(07.01.2019)

Rajasthan High Court has terminated the mandate of an arbitrator for charging exorbitant fee beyond the prescribed limit.

Tags : Rajasthan High Court, Termination of Arbitrator's Mandate


SC: Chief Justice Free to Appoint Arbitrator Even If Arbitration Agreement Provides Otherwise(29.03.2017)

Supreme Court has held that even if an arbitrator is specified in agreement for arbitration, Chief Justice or designated Judge is free to appoint an i.....

Tags : Supreme Court, Chief Justice, Independent Arbitrator


Supreme Court: Third Arbitrator in Any International Dispute Must Be From Neutral Nation(13.04.2017)

Supreme Court has said that third arbitrator in any international rift involving a foreign company should always be from a neutral country for a sense.....

Tags : Supreme Court, International Dispute, Arbitrator


Supreme Court: Ineligible Arbitrator Can’t Nominate Another Arbitrator(04.07.2017)

Supreme Court has held that once arbitrator has become ineligible by operation of law, he cannot nominate another as an arbitrator.

Tags : Arbitrator, Supreme Court