Arbitration and Conciliation Act

Re: Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 | 2023 INSC 1066

Arbitration And Conciliation Act 1996 ; Section 8,11 – Indian Stamp Act, 1899; Section 35 – N N Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd. (2023) 7 SCC 1 Overruled -Agreements which are not stamped or are inadequately stamped are inadmissible in evidence under Section 35 of the Stamp Act. Such agreements are …

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Latest Supreme Court Judgments On Arbitration and Conciliation Act

Larsen Air Conditioning and Refrigeration Company vs Union of India | 2023 INSC 708 | Arbitration & Conciliation Act, 1996 : Section 34, 37 “The court is powerless to modify the award and can only set aside partially, or wholly, an award on a finding that the conditions spelt out under Section 34 of the …

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Arbitration Act – Limitation Period U/Section 34(3) vis-a-vis ‘Section 33 Requests’

Section 34(3) of the Arbitration and Conciliation Act reads as follows: An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which …

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Should Arbitrator Be Made A Party In Petitions Under S 34/37 Arbitration Act?

Before we come to this query, it is important to read the Supreme Court judgment in Jogendrasinhgji Vikaysinhji vs State Of Gujarat, (2015) 9 SCC 1 especially the following observations: Civil courts, which decide matters, are courts in the strictest sense of the term. Neither the court nor the Presiding Officer defends the order before the superior court it …

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S 8 Arbitration Act – Remedy Against Order Allowing Reference To Arbitration?

Section 8 of the Arbitration and Conciliation Act deals with power of a judicial authority to refer parties to arbitration where there is an arbitration agreement. Againsst an order refusing an application under Section 8, a statutory remedy of appeal has been provided under Section 37 of the Act. However, no remedy has been provided …

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