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Held that allegation of collusion between the arbitrator and the opposite party cannot be decided in an application filed under section 11 of the Arbitration and Conciliation Act, 1996
HC Held that order passed under section 16 of Arbitration and Conciliation Act, 1996 can be challenged under section 34 of Arbitration and Conciliation Act, 1996
Held that section 8 of the Arbitration and Conciliation Act, 1996 is an exception to Section 42. However, if Section 8 is also brought within the ambit of Section 42, it would defeat the sublime philosophy underlining arbitration i.e., party autonomy.
In present facts of the case, the Hon’ble High Court observed that in no manner under Commercial Courts Act, the Jurisdiction of the High Court under Section 11 has been either disturbed or divested in matters of appointment of an arbitral tribunal as provided for under section 11 of the Arbitration and Conciliation Act, 1996
Arbitrator has discretion to grant post-award interest. Section 37(1)(b) does not fetter discretion of arbitrator to grant post-award interest
In present facts of the case, the Hon’ble Supreme Court of India invoked Article 142 of the Constitution of India and have directed to form new arbitral Tribunal due to disputes in the fee structure provided in IV Schedule of the Arbitration and Conciliation Act, 1996.
Held that in a case where there exists an arbitration agreement, the court is under obligation to refer the parties to arbitration in terms of the arbitration agreement.
rbitral award was set aside partially by the Hon’ble High court on the basis that the arbitrator has clearly exceeded his jurisdiction and has awarded most of the items of claims by either ignoring the terms and conditions of the contract or acting in derogation therefrom.
Calcutta High Court have allowed appeal under Section 34 of the Arbitration and Conciliation Act, 1996 on the issue that the arbitrator has not furnished any arithmetical basis or any documentary evidence to support the claim awarded to the respondent as Reasons are the links between the materials on which certain conclusions are based and the actual conclusions.
HC held that merely because one party, has approached before MSME Council, Arbitration application cannot be held to be not maintainable
