Search Results for Tag : Conciliation
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Supreme Court Announces New Norms for Arbitration Proceedings(08.12.2015)
Supreme Court has announced new norms for hearing arbitration petitions in view of the Arbitration and Conciliation Amendment Ordinance, which came in.....
Tags : Supreme Court, Arbitration and Conciliation Amendment Ordinance
Application Under Order 2 Rule 2 CPC can’t be Considered by Court U/S 11 Arbitration Act: Delhi HC(16.11.2018)
Delhi High Court has held that courts cannot consider the question of viability of a claim under Order 2 Rule 2 of Code of Civil Procedure, while hear.....
Tags : Delhi High Court, CPC, Arbitration and Conciliation Act, 1996
Delhi HC: Not Necessary to Go Into Merits of Claim/ Counter-Claim for Appointment of Arbitrator(02.05.2022)
Delhi High Court has ruled that in a petition under Section 11 of the Arbitration & Conciliation Act, 1996 for appointment of arbitrator, it is not ne.....
Tags : Delhi High Court, Section 11, Arbitration & Conciliation Act, 1996, counter claim
Madhya Pradesh HC: Court Has Jurisdiction U/S 11 A&C Act to Appoint New Arbitrator(04.05.2022)
Madhya Pradesh High Court has held that once the appointment of arbitrator is void ab initio and the arbitrator is barred by virtue of Section 12 (5) .....
Tags : Madhya Pradesh High Court, Arbitration and Conciliation Act, 1996, Section 12 (5), void ab initio
Calcutta HC: Post-Award Interest is Not Advisory but Mandate of A&C Act(04.05.2022)
Calcutta High Court has held that award of future or post-award interest is not advisory but a mandate of the Arbitration and Conciliation Act, 1996 a.....
Tags : Calcutta High Court, Arbitration and Conciliation Act, 1996, Post-award
Calcutta HC: Order U/S 36 of A&C Act is Interim Order, Can be Modified on Basis of Financial Hardship(10.05.2022)
Calcutta High Court has held that financial hardship and financial indebtedness are sufficient grounds to modify an order passed under Section 36 of t.....
Tags : Calcutta High Court, Arbitration and Conciliation Act, 1996, Section 36, financial hardship, financial indebtedness
SC: Arbitral Tribunal Can Grant Post Award Interest Included in Sum of Award(26.04.2022)
Supreme Court has ruled that the Arbitral Tribunal can grant post-award interest on the sum of the award including the interest component. The Court r.....
Tags : Supreme Court, arbitral tribunal, Section 31(7), Arbitration and Conciliation Act, 1996
Gujarat HC: Relief Can't be Granted as it Amount to Main Relief in Section 9 Arbitration Application(26.04.2022)
Gujarat High Court has held that once an application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measures has been d.....
Tags : Gujarat High Court, Section 9, Arbitration and Conciliation Act, 1996
Delhi HC: Stamp Duty Insufficiency on Arbitration Agreement is Jurisdictional Issue U/S 16 A&C Act(26.04.2022)
Delhi High Court has ruled that the sufficiency of the stamp duty on the arbitration agreement is a jurisdictional issue under Section 16 of the Arbit.....
Tags : Delhi High Court, stamp duty, arbitration agreement, Section 16, Arbitration and Conciliation Act, 1996
Bombay HC: No Bar on Court Exercising Jurisdiction Even When Application U/S 7 of IBC is Filed(27.04.2022)
Bombay High Court has ruled that since application under Section 7 of the Insolvency and Bankruptcy Code, 2016 is filed, which is pending for consider.....
Tags : Bombay High Court, Section 7, Insolvency and Bankruptcy Code, 2016, Section 11, Arbitration and Conciliation Act, 1996
Madras HC: Section 34 Proceedings Are Summary in Nature; Does Not Permit Additional Evidence(29.04.2022)
Madras High Court has ruled that the challenge proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 are summary in nature, hence.....
Tags : Madras High Court, Section 34, Arbitration and Conciliation Act, 1996, arbitral tribunal
Delhi HC: Filing Complaint with Unrelated Government Office Does Not Constitute Notice(07.04.2022)
Delhi High Court has observed that mere filing of a complaint with an unrelated government office expressing one's grievance does not constitute a not.....
Tags : Delhi High Court, Section 21 of the Arbitration and Conciliation Act, 1996, government office
Delhi HC: Petition Under Article 227 Based on Violation of Legal Provisions Can't Be Allowed(08.04.2022)
Delhi High Court has ruled that a petition under Article 227 of the Constitution of India, 1949 cannot be allowed against an order passed under Sectio.....
Tags : Delhi High Court, Section 16(3), Arbitration and Conciliation Act, 1996, Article 227, Constitution, Tribunal, Jurisdiction
Bombay HC: Petitions on Ground of Exceptional Circumstances by Arbitral Tribunal Not Maintainable(11.04.2022)
Bombay High Court has held that remedy under Section 16 of the Arbitration and Conciliation Act, 1996 lies elsewhere and the petitioners cannot file W.....
Tags : Bombay High Court, Arbitration and Conciliation Act, 1996, Article 226, Article 227, Constitution of India, exceptional circumstances
Bombay HC: Court Does Not Have Adjudicatory Powers Under Section 27 of A&C Act(12.04.2022)
Bombay High Court has observed that the Court under Section 27 of the Arbitration and Conciliation Act, 1996 does not have the jurisdiction to conside.....
Tags : Bombay High Court, Section 27 of the Arbitration and Conciliation Act, 1996, arbitral tribunal
Gujarat HC: There Cannot Be Deemed Waiver of Section 12(5) of A&C Act(12.04.2022)
Gujarat High Court has held that unless the embargo placed under Section 12(5) of the Arbitration and Conciliation Act, 1996 is waived by the parties,.....
Tags : Gujarat High Court, embargo, Section 12(5) of the Arbitration and Conciliation Act, 1996
Delhi HC: Sufficiency of Stamp Duty on Agreement Cannot be Adjudicated u/s 11 of A&C Act(14.04.2022)
Delhi High Court has observed that the Court can’t adjudicate on the issue whether the claims made by the petitioner are barred by limitation while de.....
Tags : Delhi High Court, Section 11 of the Arbitration and Conciliation Act, 1996, arbitration, limitation
Chhattisgarh HC: MSME Facilitation Council can Also Administer Arbitration(18.04.2022)
Chhattisgarh High Court has held that the bar under section 80 of the Arbitration and Conciliation Act, 1996 which prevents the conciliator acting as .....
Tags : Chhattisgarh High Court, section 80 of the Arbitration and Conciliation Act, 1996, Ministry of Micro, small & Medium Enterprises
Madras HC: Writ Petition is Not Maintainable to Enforce Arbitral Award(18.04.2022)
Madras High Court has observed that a writ petition cannot be filed to enforce an arbitral award when an alternative remedy is available under section.....
Tags : Madras High Court, arbitral award, section 36 of the Arbitration and Conciliation Act, 1996
Allahabad HC: Application for Extension of Time for Passing Award Lies Only Before High Court(20.04.2022)
Allahabad High Court has observed that the Court for the reason of an application under Section 29A of the Arbitration and Conciliation Act, 1996 woul.....
Tags : Allahabad High Court, Section 29A of the Arbitration and Conciliation Act, 1996, High Court
Madras HC: Manifest Intention to Arbitrate is Sine Qua Non for Filing Application Under S.9(22.04.2022)
Madras High Court has ruled that manifest intention to arbitrate is a sine qua non for filing an application under Section 9 of the Arbitration & Conc.....
Tags : Madras High Court, Section 9 of the Arbitration & Conciliation Act, 1996, sine qua non, arbitration
Delhi HC: Right of Party to File Counter Claims Exists Independently of Any Liberty(22.04.2022)
Delhi High Court has held that any issue on which the Arbitral Tribunal has the jurisdiction to pass a final award can also be the subject matter of a.....
Tags : Delhi High Court, Arbitral Tribunal, Section 34 of the Arbitration and Conciliation Act
HP HC: Petition U/S 11 of A&C Act Would be Non-Maintainable After Filing Petition U/S 13 of A&C Act(07.07.2022)
Himachal Pradesh High Court has held that a party cannot file a petition under Section 11 of the Arbitration and Conciliation (A&C) Act after it has a.....
Tags : Himachal Pradesh High Court, Arbitration and Conciliation, Jurisdiction
President Promulgates Arbitration and Conciliation Ordinance, 2020(04.11.2020)
President of India, Mr. Ram Nath Kovind has promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2020, through which changes have been .....
Tags : President of India, Arbitration and Conciliation Ordinance, 2020
Calcutta HC: Application u/s 9 Of A&C Act Can be Filed Where Part of Cause of Action has Arisen(14.10.2020)
Calcutta High Court has observed that an application under section 9 of the Arbitration and Conciliation Act, 1996 can be filed where a part of the ca.....
Tags : Calcutta High Court, Application u/s 9 of the Arbitration and Conciliation Act, 1996
Bombay HC: Amendment to S.34 Application of A&C Act Not Permissible if it Intends New Challenge(18.07.2022)
Bombay High Court has held that amendment to the application under Section 34 of the Arbitration and Conciliation Act would not be allowed if it leads.....
Tags : Bombay High Court, Arbitration and Conciliation, New Grounds
SC: Additional Evidence in Proceedings u/s 34 Arbitration Act Can be Adduced Only in Exceptional Case(24.09.2019)
Supreme Court has observed that proceedings under Section 34 of Arbitration and Conciliation Act will not ordinarily require anything beyond the recor.....
Tags : Supreme Court, Arbitration and Conciliation Act
MP HC: Notice of Proceeding Under Section 11 of The A&C Act is a Mandatory Requirement(01.08.2022)
Madhya Pradesh High Court has held that it is mandatory for a High Court to issue notice of application under Section 11 of the Arbitration & Concilia.....
Tags : Madhya Pradesh High Court, Arbitration & Conciliation, Notice
Bombay HC: Court Cannot Undertake Independent Assessment of Arbitral Award U/S 37 of A&C Act(04.12.2023)
Bombay HC has held that under Section 37 of Arbitration & Conciliation Act, the challenge must be related to the impugned order passed under Section 3.....
Tags : Bombay HC, Arbitration & Conciliation Act, Section 37, Section 34
SC: Modifying an Award u/s 34 and 37 Impermissible under the Arbitration and Conciliation Act, 1996(08.01.2024)
Supreme Court has held that interference with an order u/s 37 Arbitration and Conciliation Act, 1996 can’t travel beyond restrictions laid down u/s 34.....
Tags : Supreme Court, Arbitration and Conciliation, Independent Assessment
SC: Section 12(5) Of Arbitration & Conciliation Act is Mandatory & Non- Derogable Provision(22.01.2021)
Supreme Court has observed that the Section 12(5) of the Arbitration and Conciliation Act, 1996 read with the Seventh Schedule, which deals with ineli.....
Tags : Supreme Court, Section 12(5) Of Arbitration & Conciliation Act
Central Government Introduces Arbitration and Conciliation (Amendment) Bill, 2021(05.02.2021)
Central Government has introduced the Arbitration and Conciliation (Amendment) Bill, 2021 in Lok Sabha to amend the arbitration law to ensure that all.....
Tags : Central Government, Arbitration and Conciliation (Amendment) Bill, 2021
Lok Sabha Passes Arbitration & Conciliation (Amendment) Bill, 2021(15.02.2021)
Lok Sabha has passed the Arbitration and Conciliation (Amendment) Bill, 2021 by voice vote. The Bill seeks to amend the Arbitration and Conciliation A.....
Tags : Lok Sabha, Arbitration & Conciliation (Amendment) Bill, 2021
President Gives Nod to SC and ST (Prevention of Atrocities) Amendment Act and others(08.01.2016)
President has given nod to Arbitration and Conciliation (Amendment) Act; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ac.....
Tags : Arbitration and Conciliation (Amendment) Act; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act; Commercial Courts,Commercial Division and Commercial Appellate Division of High Courts Act; Payment of Bonus (Amendment) Act, 2015
Del. HC: Copy of Arbitration Award Must Be Given Only to The Parties And Not Their Agents/Advocates(20.02.2024)
Delhi High Court has held that the term party under the Arbitration and Conciliation Act refers only to the parties themselves and not their advocates.....
Tags : Delhi High Court, Arbitration and Conciliation Act, Arbitration Award
Delhi HC: Disclosure by Arbitrator is Not a Discretionary But a Mandatory Requirement(09.12.2022)
Delhi High Court has held that disclosure by the arbitrator under Section 12 r/w 6th Schedule of the Arbitration & Conciliation Act is not a discretio.....
Tags : Delhi High Court, Arbitration & Conciliation, Disclosure
SC Suggests Amendments to Sections 11(7), 37 of Arbitration and Conciliation Act(09.03.2021)
Supreme Court has observed that the amendments to Section 11(7) and 37 of the Arbitration and Conciliation Act, 1996 might be necessary so that the or.....
Tags : Supreme Court, Amendments to Arbitration and Conciliation Act
Parliament Passes Arbitration & Conciliation (Amendment) Bill, 2021 for Automatic Stay on Awards(11.03.2021)
Rajya Sabha has passed the Arbitration and Conciliation (Amendment) Bill, 2021 by voice vote. It seeks to amend the Arbitration and Conciliation Act, .....
Tags : Parliament, Arbitration & Conciliation (Amendment) Bill, 2021
Delhi HC: Court Cannot Review Order Passed U/S 11 of A&C Act(12.01.2023)
Delhi High Court has held that orders passed in an application filed under Section 11 of Arbitration and Conciliation Act, 1996 (A&C) cannot be review.....
Tags : Delhi High Court, Arbitration and Conciliation, Review
Del. HC: Appln. U/S 34 A&C Act Doesn’t Cease to be Only Because Procedural Requirements Not Complied(13.01.2023)
Delhi High Court has held that an application to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) .....
Tags : Delhi High Court, Arbitration and Conciliation Act, Procedural Requirements
Calcutta HC: Discretionary Scope to Stay Award u/s 19 MSME Act Wider Than u/s 36(3) Arbitration Act(30.03.2022)
Calcutta High Court has held that the scope of discretion upon a Court to stay an award or a decree under Section 19 of the Micro, Small and Medium En.....
Tags : Calcutta High Court, Arbitration and Conciliation Act, 1996, Small and Medium Enterprises Development Act
Delhi HC: Challenge against Appointment of Arbitrator Can't Be Under Section 14 of the A&C Act(04.04.2022)
Delhi High Court has observed that Section 14 of the Arbitration and Conciliation Act, 1996 (A&C Act) does not provide a separate remedy to the partie.....
Tags : Delhi High Court, Section 14 of the Arbitration and Conciliation Act, 1996, appointment of an arbitrator
Delhi HC: Claims Raised Before Arbitral Tribunal Cannot be Rejected if Not Mentioned in Notice(13.04.2022)
Delhi High Court has held that it is not necessary that a notice issued under Section 21 of the Arbitration and Conciliation Act, 1996 should quantify.....
Tags : Delhi High Court, Section 21 of the Arbitration and Conciliation Act, 1996, Arbitral Tribunal
Gujarat High Court Sets Aside Order Which Interfered With Reasoned Arbitration Award(17.06.2024)
Guj. HC while setting aside the order passed by District Judge interfering with arbitral award has held that arbitral awards providing reasoned interp.....
Tags : Gujarat High Court, Section 34, Arbitration and Conciliation Act
Telangana HC: Delay of 435 Days in Filing Appeal is Too Long to Exercise Discretion(27.06.2022)
Telangana High Court while dismissing an appeal filed after a long delay of 435 days, has held that having regards to the object of the Arbitration an.....
Tags : Telangana High Court, Arbitration and Conciliation Act, Delay
Bombay HC: Agreement on Name of Arbitrator Would Not Amount to Waiver of Notice(02.05.2022)
Bombay High Court has observed that simply because the Arbitration agreement provides for the name of the arbitrator, the same would not amount to a w.....
Tags : Bombay High Court, Arbitration and Conciliation Act, 1996, Section 21, Arbitration agreement
Kar. HC: Non-Signatory Defendants Cannot Be Exposed to Arbitration under Section 8 of A&C Act(29.05.2023)
Karnataka High Court has ruled that the non-signatory defendants cannot be exposed to arbitration under Section 8 of the Arbitration and Conciliation .....
Tags : Karnataka High Court has, Arbitration and Conciliation Act, Section 8
Lok Sabha Passes Arbitration and Conciliation (Amendment) Bill, 2019(02.08.2019)
Lok Sabha has passed the Arbitration and Conciliation (Amendment) Bill, 2019. The Bill aims at making India an international arbitration hub by provid.....
Tags : Lok Sabha, Arbitration and Conciliation (Amendment) Bill, 2019
Delhi HC: Waiver Under Section 12(5) of A&C Act has to be by an Express Agreement in Writing(25.05.2022)
Delhi High Court has ruled that any right u/s 12(5) of the Arbitration and Conciliation Act, 1996 that deals with the ineligibility of persons to be a.....
Tags : Delhi High Court, Arbitration and Conciliation, Agreement, Arbitrator
Delhi HC: Order Terminating Arbitral Proceedings Without Issuing Show Cause Notice Is Unsustainable(12.05.2022)
Delhi High Court has ruled that the Arbitral Tribunal's abrupt issuance of orders terminating arbitral proceedings under Section 25 (a) of the Arbitra.....
Tags : Delhi High Court, Arbitration and Conciliation Act, 1996, unsustainable, Section 25 (a)
Kar. HC: Petition U/S 11(6) A&C Act Would be Premature if Precondition of Conciliation Not Fulfilled(13.06.2022)
Karnataka High Court has held that the petition under Section 11(6) of the Arbitration and Conciliation (A&C) Act would be premature when the parties .....
Tags : Karnataka High Court, Conciliation, Premature
President Promulgates Constitution of Commercial Courts , Arbitration and Conciliation Ordinanences(26.10.2015)
President has signed ordinances to amend Arbitration and Conciliation Act and bring into force Commercial Courts, Commercial Division and Commercial A.....
Tags : Arbitration and Conciliation Act, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill, 2015
BCI Notifies Mediation with Conciliation as Compulsory Subject for LLB Courses(17.08.2020)
Bar Council of India has notified that "Mediation with Conciliation" shall be a compulsory subject to be taught with effect from the Academic Session .....
Tags : Bar Council of India, Mediation and Conciliation as Subjects
Calcutta HC: No Direction Can Be Passed to Sell Property to Third Party in Section 9 of The A&C Act(20.05.2022)
Calcutta High Court held that no direction can be passed to sell property to third party in Section 9 of the A&C Act. It was held that, to sell the su.....
Tags : Calcutta High Court, Arbitration and Conciliation, Section 9, Property