“Once there is an agreement between the parties to refer the disputes or differences arising out of the agreement to Arbitration, and in case either party, ignoring the terms of the agreement, approaches the Civil Court and the other party, in terms of the Section 8 of The Arbitration Act, moves the Court for referring […]
Read more "Section 8 of the Arbitration Act I"While it is correct that after the appointment of an Arbitrator is made, the remedy of the aggrieved party is not under Section 11(6) of The Arbitration and Conciliation Act, 1996 but such remedy lies elsewhere and under different provisions of the Act [Sections 12, 13], the context in which the aforesaid view is usually […]
Read more "Section 11(6) of the Arbitration Act I : Attorney General’s Submissions Rejected"In the year 2000, the State of Maharashtra awarded a contract for some construction work to Atlanta Limited. Disputes borne out of the contract were to be decided through Arbitration. Recourse to a Court against an Arbitral Award may be made only by an application for setting aside such Award in accordance with Sub-Section (2) […]
Read more "The Rare Case Where Section 42 of the Arbitration Act Fails"In India, the true import of the phrase ‘public policy’ was, at first, put to question in relation to The Indian Contract Act, 1872. Section 23 reads as: “The consideration or object of an agreement is lawful, unless the Court regards it as immoral or opposed to public policy.” In 1959, in Gherulal Parakh v. Mahadeodas […]
Read more "Public Policy and Foreign Arbitral Awards"The nature and scope of jurisdiction of the Chief Justice or his Designate, under Section 11 of The Arbitration and Conciliation Act, 1996 has been expounded upon by many. SBP & Co. v. Patel Engineering Ltd., (2005) 8 SCC 618 has put beyond doubt, the Chief Justice, in performance of its role espoused by Section […]
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