Section 11(6)(c) of the Indian Arbitration and Conciliation Act states that if a party fails to perform any function assigned to it under the agreed appointment procedure for arbitrators, the other party may request the Chief Justice or designated person to appoint an arbitrator. However, if the arbitration agreement provides other means for securing the appointment, those means must be followed instead. The document discusses this provision and examines its application in the context of an arbitration clause in a construction contract between two parties.
Section 29A of the Arbitration and Conciliation ActLegal
Section 29A of the Arbitration and Conciliation Act, 1996 requires an arbitral tribunal to render an award within 12 months (which may be extended for further period of six months with the consent of the parties) from the date the arbitral tribunal enters upon the reference or from the date of completion of pleadings under newly introduced Section 23(4) of the Act.
After reading pre-amended Section 29A and amended Section 29A of the Act certain questions may arise. They are...
What was the need for bringing in Section 29A of the Act?
Section 29A(5) of the Act provides that the extension of period referred to in Section 29A(4) of the Act may be on the application of any of the parties and may be granted only for sufficient cause and on such terms and conditions as may be imposed by the Court. Whether this Court is the Court as defined u/s 2(1)(e) of the Act or a Court which has appointed arbitrator u/s 11 of the Act?
Whether the amendment of 2019 has the retrospective effect to those arbitral proceedings which have commenced after 23rd October, 2015 and award thereof has not been made with the time period prescribed u/s 29A of the Act?
When the award is not rendered within the time period prescribed u/s 29A(1) or the extended period specified u/s 29A(3) of the Act, the arbitral tribunal loses its mandate and the parties are mandatorily required to approach the Court for extension of the time limit beyond 12 months or 18 months, as the case may be?
If the mandate of the arbitral tribunal is terminated in accordance with Section 29A(4) of the Act, the arbitrator becomes functus officio or de jure/de facto (u/s 14 of the Act) unable to perform his function or the aggrieved party has to move an application u/s 15 of the Act?
Is there any is time limit prescribed under Section 29A(5) of the Act for making an application for extension of time?
The extension of time under Section 29A(5) of the Act can be granted for how much period?
Whether the extension of period referred to in Section 29A(5) of the Act may be on the application of any of the parties or upon the oral request Court can extend the time?
What are going to be the considerations for the Court to impose actual or exemplary costs upon any of the parties under Section 29A(8) of the Act?
Alternate Dispute Resolution Project for Law students (HNLU)AniruddhaMishra10
The document discusses various provisions of the Arbitration and Conciliation Act, 1996 relating to the competence and jurisdiction of arbitral tribunals in India. Some key points:
1. Section 16 provides that the arbitral tribunal has the power to rule on its own jurisdiction, including objections to the validity of the arbitration agreement. A decision rejecting a plea can be challenged through an application to set aside the arbitral award.
2. The tribunal is to treat parties equally and give each a full opportunity to present their case per Section 18.
3. Sections 19-26 cover determination of procedures, place of arbitration, commencement, language, statements of claim/defense, hearings, default of
Section 9 of the Arbitration and Conciliation Act, 1996Legal
Section 9 of the arbitration and conciliation act, 1996, jurisdiction, powers, court, local, international, judgments, supreme court, high court, powers, interim, time limit, amendment 2015
Conduct of arbitral proceeding vaibhav goyalVaibhav Goyal
The document discusses the conduct of arbitral proceedings under the Arbitration and Conciliation Act of 1996. It summarizes key sections of the Act related to equal treatment of parties, determination of procedures, place of arbitration, and commencement of proceedings. The arbitrator is not bound by strict rules of evidence or civil procedure, but must follow principles of natural justice. The parties have freedom to agree on procedures and location, or the arbitrator will determine based on convenience.
competence of arbitran tribunal to rule on its own jurisdiction under Arbitra...Amulya Nigam
This document discusses the competence of arbitral tribunals under the Arbitration and Conciliation Act of 1996 in India. It notes that section 16 allows an arbitral tribunal to rule on its own jurisdiction, including any objections to the validity of the arbitration agreement. An arbitration clause will be treated as independent of other contract terms, and a finding that the contract is null and void does not invalidate the arbitration clause. Objections to the tribunal's jurisdiction must be raised in the statement of defense, unless a delay is justified. The tribunal will decide on any such objections and continue the arbitration if it rejects the objection. An aggrieved party can apply to set aside the arbitral award. The document lists several
SC Judgement - Appointment Of Third ArbitratorFlame Of Truth
The SC judgement by Justice S S Nijjar in the matter between Reliance Industries Ltd and others versus Union of India, arbitration petition filed by Reliance for appointment of the third and the presiding arbitrator.
Conditional Sale and Purchase Agreement / Contract (Purchase this doc, Text: ...GLC
This document outlines a conditional sale and purchase agreement between multiple parties for shares in a company. Key points:
- The sellers agree to sell their shares in the company to the purchaser, subject to certain terms and conditions being met.
- The purchase price for the shares is specified for each seller. Payment is due within 3 months of signing the agreement.
- Several conditions must be fulfilled before and after payment, including obtaining necessary approvals.
- Failure to meet the conditions or make payment on time results in default consequences like termination of the agreement or repayment of funds.
- Disputes will be resolved via arbitration in Indonesia and governed by Indonesian law. The parties agree not to pursue matters
Section - 8 of the Arbitration and Conciliation Act, 1996, A Saving BeaconSinghania2015
Section 8 of the Indian Arbitration and Conciliation Act provides that courts must refer parties to arbitration if there is a valid arbitration agreement and the subject matter of the dispute is covered by the agreement. The document analyzes key judicial interpretations of Section 8, including that it applies to civil disputes, the arbitration agreement's validity cannot be disputed, and courts may consider the arbitral tribunal's competence. While courts have allowed some exceptions, recent amendments to Section 8 aim to limit judicial intervention in arbitration. In conclusion, Section 8 continues to promote arbitration in domestic cases where an agreement exists.
Section 29A of the Arbitration and Conciliation ActLegal
Section 29A of the Arbitration and Conciliation Act, 1996 requires an arbitral tribunal to render an award within 12 months (which may be extended for further period of six months with the consent of the parties) from the date the arbitral tribunal enters upon the reference or from the date of completion of pleadings under newly introduced Section 23(4) of the Act.
After reading pre-amended Section 29A and amended Section 29A of the Act certain questions may arise. They are...
What was the need for bringing in Section 29A of the Act?
Section 29A(5) of the Act provides that the extension of period referred to in Section 29A(4) of the Act may be on the application of any of the parties and may be granted only for sufficient cause and on such terms and conditions as may be imposed by the Court. Whether this Court is the Court as defined u/s 2(1)(e) of the Act or a Court which has appointed arbitrator u/s 11 of the Act?
Whether the amendment of 2019 has the retrospective effect to those arbitral proceedings which have commenced after 23rd October, 2015 and award thereof has not been made with the time period prescribed u/s 29A of the Act?
When the award is not rendered within the time period prescribed u/s 29A(1) or the extended period specified u/s 29A(3) of the Act, the arbitral tribunal loses its mandate and the parties are mandatorily required to approach the Court for extension of the time limit beyond 12 months or 18 months, as the case may be?
If the mandate of the arbitral tribunal is terminated in accordance with Section 29A(4) of the Act, the arbitrator becomes functus officio or de jure/de facto (u/s 14 of the Act) unable to perform his function or the aggrieved party has to move an application u/s 15 of the Act?
Is there any is time limit prescribed under Section 29A(5) of the Act for making an application for extension of time?
The extension of time under Section 29A(5) of the Act can be granted for how much period?
Whether the extension of period referred to in Section 29A(5) of the Act may be on the application of any of the parties or upon the oral request Court can extend the time?
What are going to be the considerations for the Court to impose actual or exemplary costs upon any of the parties under Section 29A(8) of the Act?
Alternate Dispute Resolution Project for Law students (HNLU)AniruddhaMishra10
The document discusses various provisions of the Arbitration and Conciliation Act, 1996 relating to the competence and jurisdiction of arbitral tribunals in India. Some key points:
1. Section 16 provides that the arbitral tribunal has the power to rule on its own jurisdiction, including objections to the validity of the arbitration agreement. A decision rejecting a plea can be challenged through an application to set aside the arbitral award.
2. The tribunal is to treat parties equally and give each a full opportunity to present their case per Section 18.
3. Sections 19-26 cover determination of procedures, place of arbitration, commencement, language, statements of claim/defense, hearings, default of
Section 9 of the Arbitration and Conciliation Act, 1996Legal
Section 9 of the arbitration and conciliation act, 1996, jurisdiction, powers, court, local, international, judgments, supreme court, high court, powers, interim, time limit, amendment 2015
Conduct of arbitral proceeding vaibhav goyalVaibhav Goyal
The document discusses the conduct of arbitral proceedings under the Arbitration and Conciliation Act of 1996. It summarizes key sections of the Act related to equal treatment of parties, determination of procedures, place of arbitration, and commencement of proceedings. The arbitrator is not bound by strict rules of evidence or civil procedure, but must follow principles of natural justice. The parties have freedom to agree on procedures and location, or the arbitrator will determine based on convenience.
competence of arbitran tribunal to rule on its own jurisdiction under Arbitra...Amulya Nigam
This document discusses the competence of arbitral tribunals under the Arbitration and Conciliation Act of 1996 in India. It notes that section 16 allows an arbitral tribunal to rule on its own jurisdiction, including any objections to the validity of the arbitration agreement. An arbitration clause will be treated as independent of other contract terms, and a finding that the contract is null and void does not invalidate the arbitration clause. Objections to the tribunal's jurisdiction must be raised in the statement of defense, unless a delay is justified. The tribunal will decide on any such objections and continue the arbitration if it rejects the objection. An aggrieved party can apply to set aside the arbitral award. The document lists several
SC Judgement - Appointment Of Third ArbitratorFlame Of Truth
The SC judgement by Justice S S Nijjar in the matter between Reliance Industries Ltd and others versus Union of India, arbitration petition filed by Reliance for appointment of the third and the presiding arbitrator.
Conditional Sale and Purchase Agreement / Contract (Purchase this doc, Text: ...GLC
This document outlines a conditional sale and purchase agreement between multiple parties for shares in a company. Key points:
- The sellers agree to sell their shares in the company to the purchaser, subject to certain terms and conditions being met.
- The purchase price for the shares is specified for each seller. Payment is due within 3 months of signing the agreement.
- Several conditions must be fulfilled before and after payment, including obtaining necessary approvals.
- Failure to meet the conditions or make payment on time results in default consequences like termination of the agreement or repayment of funds.
- Disputes will be resolved via arbitration in Indonesia and governed by Indonesian law. The parties agree not to pursue matters
Section - 8 of the Arbitration and Conciliation Act, 1996, A Saving BeaconSinghania2015
Section 8 of the Indian Arbitration and Conciliation Act provides that courts must refer parties to arbitration if there is a valid arbitration agreement and the subject matter of the dispute is covered by the agreement. The document analyzes key judicial interpretations of Section 8, including that it applies to civil disputes, the arbitration agreement's validity cannot be disputed, and courts may consider the arbitral tribunal's competence. While courts have allowed some exceptions, recent amendments to Section 8 aim to limit judicial intervention in arbitration. In conclusion, Section 8 continues to promote arbitration in domestic cases where an agreement exists.
Convention on the Recognition and Enforcement of Foreign Arbitral AwardsViktor Ageyev
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards establishes rules for enforcing international commercial arbitration awards between signatory countries. It applies to arbitration awards made in another country and allows parties to arbitration to seek recognition and enforcement of arbitral awards in the courts of signatory states. The Convention aims to encourage the recognition and enforcement of commercial arbitration agreements and arbitral awards in international trade.
This document provides an overview of enforcing domestic and international arbitral awards in Canada. Some key points include:
- Arbitral awards rendered pursuant to a valid arbitration clause have finality and are more readily enforceable internationally than court judgments due to conventions like the New York Convention.
- In Canada, parties can apply to recognize and enforce domestic or international arbitral awards through the appropriate provincial superior court.
- There are limitations periods and procedural requirements that parties must follow depending on whether the award is domestic or international.
- Generally, courts will enforce awards unless there is a pending appeal or valid grounds to refuse enforcement under the applicable legislation. The court may also grant a stay of enforcement pending other challenges to the award
Section 34 of the Arbitrationand Conciliation Act. Scope of interference. Po...Legal
Scope of Interference under Section 34 of the Arbitration and Conciliation Act. Under which circumstances Court can interfere with an award passed by the arbitral tribunal.
Judgments on section 9 of the Arbitration and Conciliation Act, 1996Legal
1. The power of courts under Section 9 of the Arbitration and Conciliation Act, 1996 to grant interim relief in arbitration matters is subject to limitations. Courts can only grant interim relief to the same extent as in normal court proceedings and in a manner that does not interfere with the powers of arbitral tribunals.
2. Parties can apply for interim relief under Section 9 even before arbitral proceedings have formally commenced. However, courts must exercise caution in granting such relief so as not to frustrate the arbitration process.
3. Where parties have agreed on the place of arbitration in their contract, only courts in that jurisdiction have authority to entertain applications related to the arbitration agreement, including requests for interim
This document is a Supreme Court of India case summary. [1] It involves an appeal by the Salkia Businessmen's Association regarding displacement from their businesses for a flyover construction project. [2] A prior court order had disposed of the case based on a settlement agreement between the parties, which included providing alternative accommodations. [3] However, the authorities did not fully comply and proposed alternate terms, so the Association appealed again seeking enforcement of the original order terms. The Supreme Court allows the appeal, finding that the High Court failed to properly enforce its own prior orders binding the parties.
This document outlines the Arbitration and Conciliation Act of 1996 in India, which consolidates and amends laws related to domestic and international commercial arbitration. It was enacted to align Indian law with the UNCITRAL Model Law on International Commercial Arbitration and UNCITRAL Conciliation Rules. The Act aims to provide a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations. It extends arbitration and conciliation laws to both domestic and international commercial disputes in India.
recently there ismeaure amendments in the Specific Relief Act and the public infrastruture projects are given preference as due to injunctions there was delay in public projects causing huge loss the public exchequer.
This document contains 22 multiple choice questions about key concepts from the Partnership Act 1932 in India. Some of the topics covered include: when a partner is entitled to return of premium paid upon dissolution of a partnership [Q1]; types of partners not liable for the firm [Q2]; whether an unregistered firm can sue to enforce partnership rights [Q3]; effects of registration [Q4]; rights of partners in an unregistered firm [Q5]; evidence of registration [Q6]; circumstances where compulsory dissolution does not occur [Q7]; requirements for partnership deeds [Q8]; accounting rules for partner insolvency [Q9]; authority of partners [Q10]; requirements for regular expulsion of a partner [
The document provides an overview of business law and the Indian Contract Act of 1872. It defines what a contract is and lists the essential elements of a valid contract, including offer and acceptance, lawful consideration, capacity and consent of parties, lawful object, and certainty. It also discusses classification of contracts, modes of revocation of an offer, remedies for breach of contract such as damages and specific performance, and ways a contract can be discharged including performance, agreement of parties, and breach.
David purchased a wedding package from Syarikat Cinta Sejati that included clothes and photographs. However, he was dissatisfied with the quality of the photographs and clothes provided. The most appropriate method for David to seek compensation other than litigation is through the Tribunal for Consumer Claims. The procedures for bringing a claim to the tribunal include filing a claim form, serving notice to the respondent, attending a negotiation session, a tribunal hearing if needed, and the tribunal issuing a final binding decision with possible compensation for David.
This document summarizes a court case, Caparo Industries v Dickman, heard by the House of Lords in 1990. It discusses the judgment regarding whether an auditor owes a duty of care to investors and shareholders. Specifically, it examines if the appellant auditors owed a duty of care to the respondent Caparo Industries, who purchased shares in a company after reviewing audited financial statements. The judgment discusses the tension between the traditional approach of identifying duty in specific situations versus seeking a single general principle to determine duty of care.
Compilation of Judgments wherein it is held that "Suit is not maintainable"Legal
Compilation of Judgments of Hon'ble Supreme Court of India and High Courts, wherein it is held that "Suit not is maintainable". This document will be helpful for those who are looking for a complilation of judgments whrein it is held that "Suit not is maintainable" on the one ground or the other.
This document is the Arbitration and Conciliation Act of 1996 in India, which consolidates and amends laws relating to domestic and international commercial arbitration as well as enforcement of foreign arbitral awards. It was enacted to take into account the UNCITRAL Model Law on International Commercial Arbitration and UNCITRAL Conciliation Rules, in order to establish a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations. The Act covers definitions, provisions relating to arbitration agreements, composition of arbitral tribunals, challenges to arbitrators, and judicial intervention in arbitration.
Fraudulent transfer of property (sec. 53 of tpa, 1882)Vaibhav Goyal
Section 53 of the Transfer of Property Act deals with fraudulent transfers of property made with the intent to defeat or delay creditors. A fraudulent transfer will be voidable at the option of any creditor defeated or delayed by such transfer. Case law has established several factors that may indicate a fraudulent transfer, including lack of consideration, insolvency of the transferor, and retention of benefits by the transferor. The scope of the section is broad and includes any transfer intended to delay creditors, even if not intended to defeat them entirely. For a transfer to be considered fraudulent under this section, there must be clear proof of intent to defraud or delay creditors.
The appellant gave the respondent an option to purchase land that was to be exercised within a stipulated period. The respondent exercised the option on time but the appellant refused to proceed. The respondent lodged a caveat on the land and filed a court case seeking specific performance or damages. The court granted an ex parte extension of the caveat. The appellant argued the extension was wrong and the respondent had no interest in the land. The court dismissed the appeal, finding the option was validly exercised so the respondent had a caveatable interest.
The document discusses key aspects of arbitration law in India, including the Arbitration and Conciliation Act of 1996 and subsequent amendments. It outlines objectives of the amendments such as minimizing court supervision of arbitrations and allowing arbitral tribunals to use mediation and conciliation. Benefits of arbitration for parties include flexibility in procedure and choice of location and laws. The document also describes when courts can intervene in arbitrations and sets out requirements for arbitration agreements and awards.
Effects of acknowledgement of limitation actHinal Thakkar
The document discusses acknowledgement under Section 18 of the Limitations Act. Some key points:
- An acknowledgement must admit liability for a debt and be in writing and signed before the limitation period expires. It renews the limitation period from the signing date.
- The writing does not need to specify the exact property or right, and can include a refusal to pay or set-off claim. It can be addressed to someone other than the entitled person.
- For an acknowledgement to be valid, it must acknowledge an existing liability and relate to a present subsisting legal relationship between the parties, even if it does not promise payment or specify the liability. The intention can be inferred from the admission.
This document provides an overview of key sections from Chapters IV and V of the Arbitration and Conciliation Act relating to the jurisdiction of arbitral tribunals and the conduct of arbitral proceedings. It summarizes sections 16-21 which address an arbitral tribunal's jurisdiction to rule on its own authority, procedures for raising objections, interim measures, place of arbitration, and commencement of proceedings. The document also discusses related case laws that have supported arbitral tribunals' powers to determine procedures and evidence admissibility.
Mardia chemicals case by shreya a322509022Shreya Ganguly
This case involves a challenge to the validity of certain provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. [1] The Supreme Court upheld the main provisions of the Act, including Section 13 which allows secured creditors to enforce security interests without court intervention. [2] However, the Court struck down the requirement under Section 17(2) that borrowers deposit 75% of the claimed amount before appealing to the Debt Recovery Tribunal, finding it to be arbitrary. [3] While the main structure of the Act was upheld, the judgment did not fully address the tensions between the Act and the Companies Act regarding the rights of secured vs. unsecured creditors when a company becomes insol
Mardia chemicals case by shreya a322509022Shreya Ganguly
This case involves a challenge to the validity of certain provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. [1] The Supreme Court upheld the main provisions of the Act, including Section 13 which allows secured creditors to enforce security interests without court intervention. [2] However, the Court struck down the requirement under Section 17(2) that borrowers deposit 75% of the claimed amount before appealing to the Debt Recovery Tribunal, finding it to be an arbitrary requirement. [3] Overall the judgment upheld the main structure of the Act but identified some deficiencies, such as not addressing the tension between the Act and the Companies Act regarding winding up of companies.
Convention on the Recognition and Enforcement of Foreign Arbitral AwardsViktor Ageyev
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards establishes rules for enforcing international commercial arbitration awards between signatory countries. It applies to arbitration awards made in another country and allows parties to arbitration to seek recognition and enforcement of arbitral awards in the courts of signatory states. The Convention aims to encourage the recognition and enforcement of commercial arbitration agreements and arbitral awards in international trade.
This document provides an overview of enforcing domestic and international arbitral awards in Canada. Some key points include:
- Arbitral awards rendered pursuant to a valid arbitration clause have finality and are more readily enforceable internationally than court judgments due to conventions like the New York Convention.
- In Canada, parties can apply to recognize and enforce domestic or international arbitral awards through the appropriate provincial superior court.
- There are limitations periods and procedural requirements that parties must follow depending on whether the award is domestic or international.
- Generally, courts will enforce awards unless there is a pending appeal or valid grounds to refuse enforcement under the applicable legislation. The court may also grant a stay of enforcement pending other challenges to the award
Section 34 of the Arbitrationand Conciliation Act. Scope of interference. Po...Legal
Scope of Interference under Section 34 of the Arbitration and Conciliation Act. Under which circumstances Court can interfere with an award passed by the arbitral tribunal.
Judgments on section 9 of the Arbitration and Conciliation Act, 1996Legal
1. The power of courts under Section 9 of the Arbitration and Conciliation Act, 1996 to grant interim relief in arbitration matters is subject to limitations. Courts can only grant interim relief to the same extent as in normal court proceedings and in a manner that does not interfere with the powers of arbitral tribunals.
2. Parties can apply for interim relief under Section 9 even before arbitral proceedings have formally commenced. However, courts must exercise caution in granting such relief so as not to frustrate the arbitration process.
3. Where parties have agreed on the place of arbitration in their contract, only courts in that jurisdiction have authority to entertain applications related to the arbitration agreement, including requests for interim
This document is a Supreme Court of India case summary. [1] It involves an appeal by the Salkia Businessmen's Association regarding displacement from their businesses for a flyover construction project. [2] A prior court order had disposed of the case based on a settlement agreement between the parties, which included providing alternative accommodations. [3] However, the authorities did not fully comply and proposed alternate terms, so the Association appealed again seeking enforcement of the original order terms. The Supreme Court allows the appeal, finding that the High Court failed to properly enforce its own prior orders binding the parties.
This document outlines the Arbitration and Conciliation Act of 1996 in India, which consolidates and amends laws related to domestic and international commercial arbitration. It was enacted to align Indian law with the UNCITRAL Model Law on International Commercial Arbitration and UNCITRAL Conciliation Rules. The Act aims to provide a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations. It extends arbitration and conciliation laws to both domestic and international commercial disputes in India.
recently there ismeaure amendments in the Specific Relief Act and the public infrastruture projects are given preference as due to injunctions there was delay in public projects causing huge loss the public exchequer.
This document contains 22 multiple choice questions about key concepts from the Partnership Act 1932 in India. Some of the topics covered include: when a partner is entitled to return of premium paid upon dissolution of a partnership [Q1]; types of partners not liable for the firm [Q2]; whether an unregistered firm can sue to enforce partnership rights [Q3]; effects of registration [Q4]; rights of partners in an unregistered firm [Q5]; evidence of registration [Q6]; circumstances where compulsory dissolution does not occur [Q7]; requirements for partnership deeds [Q8]; accounting rules for partner insolvency [Q9]; authority of partners [Q10]; requirements for regular expulsion of a partner [
The document provides an overview of business law and the Indian Contract Act of 1872. It defines what a contract is and lists the essential elements of a valid contract, including offer and acceptance, lawful consideration, capacity and consent of parties, lawful object, and certainty. It also discusses classification of contracts, modes of revocation of an offer, remedies for breach of contract such as damages and specific performance, and ways a contract can be discharged including performance, agreement of parties, and breach.
David purchased a wedding package from Syarikat Cinta Sejati that included clothes and photographs. However, he was dissatisfied with the quality of the photographs and clothes provided. The most appropriate method for David to seek compensation other than litigation is through the Tribunal for Consumer Claims. The procedures for bringing a claim to the tribunal include filing a claim form, serving notice to the respondent, attending a negotiation session, a tribunal hearing if needed, and the tribunal issuing a final binding decision with possible compensation for David.
This document summarizes a court case, Caparo Industries v Dickman, heard by the House of Lords in 1990. It discusses the judgment regarding whether an auditor owes a duty of care to investors and shareholders. Specifically, it examines if the appellant auditors owed a duty of care to the respondent Caparo Industries, who purchased shares in a company after reviewing audited financial statements. The judgment discusses the tension between the traditional approach of identifying duty in specific situations versus seeking a single general principle to determine duty of care.
Compilation of Judgments wherein it is held that "Suit is not maintainable"Legal
Compilation of Judgments of Hon'ble Supreme Court of India and High Courts, wherein it is held that "Suit not is maintainable". This document will be helpful for those who are looking for a complilation of judgments whrein it is held that "Suit not is maintainable" on the one ground or the other.
This document is the Arbitration and Conciliation Act of 1996 in India, which consolidates and amends laws relating to domestic and international commercial arbitration as well as enforcement of foreign arbitral awards. It was enacted to take into account the UNCITRAL Model Law on International Commercial Arbitration and UNCITRAL Conciliation Rules, in order to establish a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations. The Act covers definitions, provisions relating to arbitration agreements, composition of arbitral tribunals, challenges to arbitrators, and judicial intervention in arbitration.
Fraudulent transfer of property (sec. 53 of tpa, 1882)Vaibhav Goyal
Section 53 of the Transfer of Property Act deals with fraudulent transfers of property made with the intent to defeat or delay creditors. A fraudulent transfer will be voidable at the option of any creditor defeated or delayed by such transfer. Case law has established several factors that may indicate a fraudulent transfer, including lack of consideration, insolvency of the transferor, and retention of benefits by the transferor. The scope of the section is broad and includes any transfer intended to delay creditors, even if not intended to defeat them entirely. For a transfer to be considered fraudulent under this section, there must be clear proof of intent to defraud or delay creditors.
The appellant gave the respondent an option to purchase land that was to be exercised within a stipulated period. The respondent exercised the option on time but the appellant refused to proceed. The respondent lodged a caveat on the land and filed a court case seeking specific performance or damages. The court granted an ex parte extension of the caveat. The appellant argued the extension was wrong and the respondent had no interest in the land. The court dismissed the appeal, finding the option was validly exercised so the respondent had a caveatable interest.
The document discusses key aspects of arbitration law in India, including the Arbitration and Conciliation Act of 1996 and subsequent amendments. It outlines objectives of the amendments such as minimizing court supervision of arbitrations and allowing arbitral tribunals to use mediation and conciliation. Benefits of arbitration for parties include flexibility in procedure and choice of location and laws. The document also describes when courts can intervene in arbitrations and sets out requirements for arbitration agreements and awards.
Effects of acknowledgement of limitation actHinal Thakkar
The document discusses acknowledgement under Section 18 of the Limitations Act. Some key points:
- An acknowledgement must admit liability for a debt and be in writing and signed before the limitation period expires. It renews the limitation period from the signing date.
- The writing does not need to specify the exact property or right, and can include a refusal to pay or set-off claim. It can be addressed to someone other than the entitled person.
- For an acknowledgement to be valid, it must acknowledge an existing liability and relate to a present subsisting legal relationship between the parties, even if it does not promise payment or specify the liability. The intention can be inferred from the admission.
This document provides an overview of key sections from Chapters IV and V of the Arbitration and Conciliation Act relating to the jurisdiction of arbitral tribunals and the conduct of arbitral proceedings. It summarizes sections 16-21 which address an arbitral tribunal's jurisdiction to rule on its own authority, procedures for raising objections, interim measures, place of arbitration, and commencement of proceedings. The document also discusses related case laws that have supported arbitral tribunals' powers to determine procedures and evidence admissibility.
Mardia chemicals case by shreya a322509022Shreya Ganguly
This case involves a challenge to the validity of certain provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. [1] The Supreme Court upheld the main provisions of the Act, including Section 13 which allows secured creditors to enforce security interests without court intervention. [2] However, the Court struck down the requirement under Section 17(2) that borrowers deposit 75% of the claimed amount before appealing to the Debt Recovery Tribunal, finding it to be arbitrary. [3] While the main structure of the Act was upheld, the judgment did not fully address the tensions between the Act and the Companies Act regarding the rights of secured vs. unsecured creditors when a company becomes insol
Mardia chemicals case by shreya a322509022Shreya Ganguly
This case involves a challenge to the validity of certain provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. [1] The Supreme Court upheld the main provisions of the Act, including Section 13 which allows secured creditors to enforce security interests without court intervention. [2] However, the Court struck down the requirement under Section 17(2) that borrowers deposit 75% of the claimed amount before appealing to the Debt Recovery Tribunal, finding it to be an arbitrary requirement. [3] Overall the judgment upheld the main structure of the Act but identified some deficiencies, such as not addressing the tension between the Act and the Companies Act regarding winding up of companies.
Mardia chemicals case by shreya a322509022Shreya Ganguly
This case involves a challenge to the validity of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The key issues are: 1) Whether it is necessary for the court to evaluate the necessity of a statute, 2) Whether existing contract rights can be amended by law in favor of one party, and 3) Whether Section 13 of the Act, which allows secured creditors to enforce security without court intervention, is unconstitutional. The court found that it cannot evaluate the necessity of a statute and that contract rights can be amended by law. It upheld most of Section 13 but added requirements that creditors disclose reasons for not accepting objections and that enforcement can be challenged on the grounds of fraud.
This case involves a challenge to the validity of certain provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. [1] The Supreme Court upheld the main provisions of the Act, including Section 13 which allows secured creditors to enforce security interests without court intervention. [2] However, the Court struck down the requirement under Section 17(2) that borrowers deposit 75% of the claimed amount before appealing to the Debt Recovery Tribunal, finding it to be arbitrary. [3] While the main structure of the Act was upheld, the judgment did not fully address the tensions between the Act and the Companies Act regarding the rights of secured vs. unsecured creditors when a company becomes insol
1) The document discusses various provisions and case laws related to the appointment of arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996.
2) It notes that under Section 11(6), if the parties have agreed on an appointment procedure, the court must take necessary measures to implement that procedure rather than directly appoint an arbitrator.
3) The document also discusses cases related to issues like limitation, jurisdiction of courts to appoint arbitrators, and maintaining arbitration agreements.
Dr Mohan R Bolla Law Lecture Commencement of arbitration proceedings. Mohanrao Dr. Bolla
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Similar to Dr Mohan R Bolla Law Lecture on Section 11(6)(c)a c (20)
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2. s. 11. Appointment of arbitrators.
(1). ……
(6) Where, under an appointment procedure agreed upon by
the parties, -
(a) A party fails to act as required under that procedure; or
(b) The parties, or the two appointed arbitrators, fail to reach
an agreement expected of them under that procedure; or (
c) A person, including an institution, fails to perform any
function entrusted to him or it under that procedure.
A party may request the Chief Justice or any person or
institution designated by him to take the necessary
measure, unless the agreement on the appointment
procedure provides other means for securing the
appointment.
3. Tarun Chatterjee, J.,
Municipal Corporation, Jabalpur ... Vs
M/S Rajesh Construction Co
• Section 11(6)(c) says that in case one of the
parties to the arbitration agreement fails to
perform any function entrusted to it, the
other party shall have the right to approach
the appropriate forum to take necessary
measure in that regard. However, this
provision also says that in a situation where
the arbitration agreement provides for other
measures for securing the appointment of an
arbitrator, the same shall be followed.
4. Tarun Chatterjee, J.,
Municipal Corporation, Jabalpur ... Vs
M/S Rajesh Construction Co
• examining Clause 29 of the contract in detail, we
are of the view that the High Court was not
justified in appointing a retired Chief Justice of a
High Court to act as sole arbitrator as the same is
contrary to Clause 29 of the contract. As noted
earlier, the High Court, by its earlier order dated
7th May 2003 directed the parties to invoke the
arbitration clause and to appoint an arbitrator in
compliance with Clause 29 of the contract
entered into between the parties.
5. Tarun Chatterjee, J.,
Municipal Corporation, Jabalpur ... Vs
M/S Rajesh Construction Co
• Clause 29 specifically stipulates, as indicated
herein earlier, that if any dispute arises between
the parties, the party seeking invocation of the
arbitration clause, shall first approach the Chief
Engineer and on his failure to arbitrate the
dispute, the party aggrieved may file an appeal to
MPL Com, failing which, the Corporation shall
constitute an Arbitration Board to resolve the
disputes in the manner indicated in Clause 29.
However, before doing so, the party invoking
arbitration clause is required to furnish security
of a sum to be determined by the Corporation.
6. Tarun Chatterjee, J.,
Municipal Corporation, Jabalpur ... Vs
M/S Rajesh Construction Co
we direct the respondent to furnish the security of a sum to be
determined by the Corporation within six weeks from this date and
in the event security determined by the Corporation is furnished
within the time mentioned herein earlier, the Corporation shall
constitute an Arbitration Board in compliance with Clause 29 of the
contract. It is directed that the Arbitration Board shall proceed from
the stage the learned Arbitrator appointed by the High Court had
already reached.
That apart, it has to be kept in mind that it is always the duty of the
court to construe the arbitration agreement in a manner so as to
uphold the same. Therefore we must hold that the High Court
ought not to have appointed an arbitrator in a manner, which was
inconsistent with the arbitration agreement.
7. S.H. Kapadia, J.,
Milkfood Limited vs
M/S Gmc Ice Cream (P) Ltd
The parties hereto entered into an agreement on 7.4.1992 in terms whereof the first
respondent herein was to manufacture and pack in its factory a wide range of ice
cream for and on behalf of the appellant. The agreement was to remain valid for
five years. Admittedly, the contract contained an arbitration agreement being
clause 20 thereof which is as under: "In the case of any dispute or any difference
arising at any time between the Company and the Manufacturer as to the
construction, meaning or effect of this Agreement or any clause or thing contained
therein or the rights and liabilities of the Company or the Manufacturer hereunder
in relation to the premises, shall be referred to a single arbitrator, in case the
parties can agree upon one, and failing such Agreement, to two arbitrators one to
be appointed by either party and in case of disagreement between the two
arbitrators aforesaid and in so far as and to the extent that they disagree to, an
umpire to be appointed by the said two arbitrators before they enter upon the
reference.
All such arbitration proceedings shall be in accordance with and subject to the
provisions of the Arbitration Act, 1940, or any statutory modification or
reenactment."
8. S.H. Kapadia, J.,
Milkfood Limited vs
M/S Gmc Ice Cream (P) Ltd
On the strength of this agreement dated 7.4.1992, the respondent herein filed title
suit No.40 of 1995 on 20.5.1995 for an injunction restraining the appellant herein
from disturbing manufacture and supply of ice cream. In the said suit, the
appellant applied for stay of suit vide application dated 17.7.1995 under section 34
of the 1940 Act. By order dated 3.8.1995, the trial Court stayed the suit. Being
aggrieved, the respondent herein filed an application before Additional District
Judge, Gaya, which was dismissed on 13.3.1996. Aggrieved, the respondent herein
carried the matter in revision to the High Court which was disposed of on 6.5.1997
in terms of the following order: "Before this court parties have agreed that the
dispute between them may be referred as per the agreement to arbitrators chosen
by the parties. The plaintiff has chosen Shri Uday Sinha, a retired judge of this
court and Senior Advocate of the Supreme Court, while the defence have chosen
Shri Hari Lal Agarwal, Senior Advocate of the Supreme Court, a former judge of this
court and Chief Justice of Orissa High Court as arbitrators. The dispute between
the parties is referred to arbitrators. I hope that the learned Arbitrators will
dispose of the arbitration proceedings within three months of the entering the
reference."
9. S.H. Kapadia, J.,
Milkfood Limited vs
M/S Gmc Ice Cream (P) Ltd
The above order is a consent order by which
application for stay of the suit stood disposed of.
Pursuant to the consent order, the arbitrators
nominated by the respective parties in turn
appointed an umpire. On 19.8.1997, the parties
were asked to appear. The respondent was called
upon to file statement of claim. An issue arose for
determination at that stage as to which of the
two Acts [1940 or 1996] applied to the
arbitration.
10. S.H. Kapadia, J.,
Milkfood Limited vs
M/S Gmc Ice Cream (P) Ltd
the 1940 Act. Section 2 defines arbitration agreement to mean a written agreement to submit present or future dispute
to the arbitration, whether an arbitrator is named therein or not. Section 2(e) defines "reference" to mean
reference to arbitration. Therefore, the term "arbitration agreement" is different from the term "reference". "An
agreement to refer" and "a reference" are two separate transactions while an arbitration agreement is only a
contract to refer, reference is delegation of authority to a named arbitrator. Section 8 confers power upon the
Court to appoint arbitrator where the parties concurred in the appointment of an arbitrator. In such a case, after
the Court appointed an arbitrator, it is the parties who referred the dispute to him. On the other hand, section 20
enabled a party to apply for filing of the arbitration agreement in the Court and that section empowered the Court
to make an order of reference to the arbitrator appointed by the parties and in the absence of such appointment,
the Court was empowered to make an order of reference to the arbitrator appointed by it. In other words, under
section 20, unlike section 8, it is the Court which referred the dispute. In the case of Fertilizer Corporation of India
Limited v. M/s Domestic Engineering Installation reported in [AIR 1970 Allahabad 31], it has been held that under
section 20(4), three courses were open to the Court. After the arbitration agreement was ordered to be filed, the
Court shall proceed to make reference, firstly to the arbitrator appointed by the parties in the agreement,
secondly to the arbitrator not named in the agreement but with regard to whom the parties agreed otherwise,
and thirdly when the parties did not agree upon an arbitrator, to an arbitrator appointed by itself. This difference
between section 8 and 20 was important as under section 48 of the 1940 Act, it was provided that the Act shall
not apply to any reference pending at the commencement of the said Act, to which the law in force immediately
prior to the commencement shall continue to apply notwithstanding any repeal effected by the Act. Section 48
was a transitory provision in which the emphasis was on "reference". Section 48 of the 1940 Act which
corresponded to section 25 of the English Arbitration Act 1899 was a subject of debate in larger number of
matters as different dates for different stages of arbitration proceedings were provided for.
11. S.H. Kapadia, J.,
Milkfood Limited vs
M/S Gmc Ice Cream (P) Ltd
Since transitory provision is to be interpreted in the light of facts and
circumstances existing on the date the new Act coming into force, section
21 and 85(2) of the 1996 Act are quoted below: "21. Commencement of
arbitral proceedings. Unless otherwise agreed by the parties, the arbitral
proceedings in respect of a particular dispute commence on the date on
which a request for that dispute to be referred to arbitration is received by
the respondent.
85. Repeal and savings. (1) .
(2) Notwithstanding such repeal,
(a) the provisions of the said enactments shall apply in relation to arbitral
proceedings which commenced before this Act came into force unless
otherwise agreed by the parties but this Act shall apply in relation to
arbitral proceedings which commenced on or after this Act comes into
force;
(b) all rules made and notifications published, under the said enactments
shall, to the extent to which they are not repugnant to this Act, be
deemed respectively to have been made or issued under this Act."
12. S.H. Kapadia, J.,
Milkfood Limited vs
M/S Gmc Ice Cream (P) Ltd
A bare reading of section 21 of the 1996 Act
indicates that arbitral proceedings in respect of a
dispute commences on the date on which
request to refer such dispute to arbitration is
received by the respondent, unless otherwise
agreed by the parties. Section 21 is similar to
section 14 of the English Arbitration Act 1996
which provides that parties are free to agree as to
when an arbitration is to be regarded as
commencing both under the Arbitration Act 1996
and for limitation purposes. In the absence of
such agreement, section 14 of that Act applies.
13. S.H. Kapadia, J.,
Milkfood Limited vs
M/S Gmc Ice Cream (P) Ltd
Russell on Arbitration, [XXII Ed. Page 165] says as follows:-
"Commencement for limitation purposes. The parties are free to agree when an
arbitration is to be regarded as commencing both under the Arbitration Act 1996
and for limitation purposes. In the absence of agreement the provisions of section
14 of the Arbitration Act 1996 apply. Under that section an arbitration is treated as
being commenced when a notice in writing is served on the other party requiring
him to agree to the appointment of an arbitrator or, if the parties are each to make
an appointment, requiring him to appoint an arbitrator. The party giving the notice
does not have to have already appointed his own arbitrator. Where, however, the
arbitration agreement specifies the person to be appointed as arbitrator, the
arbitration is treated as being commenced when a notice in writing is served on
the other party requiring him to submit the dispute to that person. Finally, if the
arbitrator is to be appointed by someone other than a party to the arbitration
proceedings, such as an arbitral institution, the arbitration is treated as being
commenced when notice in writing is given to that other person requesting him to
make the appointment. It is prudent to send to the respondent a copy of the
notice addressed to the person requested to make the appointment as this may
avoid arguments about when the notice was given."
14. S.H. Kapadia, J.,
Milkfood Limited vs
M/S Gmc Ice Cream (P) Ltd
In the present matter, one is concerned with
transitional provision, i.e. section 85(2)(a)
which enacts as to how the statute will
operate on the facts and circumstances
existing on the date it comes into force and,
therefore, the construction of such a provision
must depend upon its own terms and not on
the basis of section 21 (see Principles of
Statutory Interpretation by G.P. Singh 8th Ed.
Page 188).
15. S.H. Kapadia, J.,
Milkfood Limited vs
M/S Gmc Ice Cream (P) Ltd
In Thyssen's case (supra), section 48 of the old Act and section 85(2)(a)
of the 1996 Act came for consideration. It has been held by this
Court that there is a material difference between section 48 of the
1940 Act, which emphasized the concept of "reference" vis- `-vis
section 85(2)(a) of the 1996 Act which emphasizes the concept of
"commencement"; that there is a material difference in the scheme
of two Acts; that the expression "in relation to" appearing in section
85(2)(a) refers to different stages of arbitration proceedings under
the old Act; and lastly that section 85(2)(a) provides for limited
repeal of the 1940 Act, therefore, I am of the view that one cannot
confine the concept of 'commencement' under section 85(2)(a)
only to section 21 of the 1996 Act which inter alia provides for
commencement of arbitral proceedings from the date on which a
request to refer a particular dispute is received by the respondent.
16. S.H. Kapadia, J.,
Milkfood Limited vs
M/S Gmc Ice Cream (P) Ltd
In this connection, I may usefully quote commentary on
"Commercial Arbitration" (2nd Edition, page 169) by
Mustill & Boyd which reads as under: "It is common to
use expressions such as 'a notice of arbitration' or 'the
commencement of an arbitration' as if they had the
same meaning for all purposes, in the context of all the
various possible types of agreement to arbitrate. This is
misleading, for when enquiring whether sufficient
steps have been taken to set an arbitration in train, the
answer may depend on the reason why the question is
being asked. There are several different reasons why it
may matter when the arbitration has begun. Of these,
the following are probably the most important.
17. S.H. Kapadia, J.,
Milkfood Limited vs
M/S Gmc Ice Cream (P) Ltd
First, the question may be whether, at a given moment, there is any person or group
of persons with jurisdiction to make an award, and power to give directions and
make rulings in the course of the reference. For this purpose, what is being
considered is whether the arbitration has reached the stage where there is a
completely constituted arbitral tribunal.
Second, the problem may relate to the jurisdiction of the arbitrator. Thus, if there is a
general reference of disputes the scope of the reference will be determined by the
state of the disputes at the moment when the arbitration was begun. Disputes
arising thereafter must be the subject of a separate arbitration, unless brought
within the existing reference by consent.
Third, the purpose of the enquiry may be to ascertain whether the claimant has taken
such steps as may be prescribed by statute or contract for the purpose of
preventing his claim from being time barred.
Finally, it may be necessary to consider whether one party has taken sufficient steps
towards setting the arbitration in motion to give him certain procedural
advantages in the appointment of the tribunal: either as a preliminary to
appointing his own nominee as sole arbitrator, or at least by way of preventing the
other party from exercising his statutory right to make, or procure, a nomination in
default.
18. S.H. Kapadia, J.,
Milkfood Limited vs
M/S Gmc Ice Cream (P) Ltd
It is plain that expressions such as 'the commencement of
the arbitration' must have different meanings in these
various contexts. For example, the giving of a notice to
concur in the appointment of a sole arbitrator is
sufficient to prevent time from running under the
Limitation Act 1980; and it is also an essential first step
towards the making of a default appointment under
section 10(a) of the Arbitration Act. But the arbitration
has not at this stage 'commenced' in any practical
sense, since there is no person or group of persons
charged with any authority to determine the matters in
dispute."