NISHANT
Case Laws on Arbitration and Conciliation Act, 1996
NISHANT MEHROTRA 20 Jun 2018

Case Laws on Arbitration and Conciliation Act, 1996

Arbitration & Conciliation Act, 1996


If the party which executes discharge agreement/ discharge voucher, alleges that the execution of such discharge agreement or voucher was on account of fraud/ coercion/ undue influence practiced by the other party but is not able to establish such a claim or appears to be lacking in credibility, then it is not open to the courts to refer the dispute to arbitration at all.

(2018) 3 SCC 373


Execution/ enforcement of award can be done/ filed anywhere in country where such decree can be executed and there is no requirement for obtaining a transfer of decree from court which has jurisdiction over arbitral proceedings/ award/ within whose jurisdiction award is passed - CPC, 1908, Ss. 47, 151, 37, 38 & 46 and Or.21 Rr.6, 11(2) and 27

(2018) 3 SCC 622


S.34(4) - Remand of matter to arbitrator - When can be done - objective of remand - What is and limitations upon.

(2018) 11 SCC 328


S.25(a) & S.23 - Arbitral Tribunal after terminating proceedings under S.25(a) for non-filing of claim by claimant,  has jurisdiction to consider application for recall of order of termination of proceedings on sufficient reasons being shown by claimant.

(2018) 11 SCC 470-A


S.33(2)(c) - Not attracted where proceedings terminated by Tribunal for default of submission of claim statement by claimant.

(2018) 11 SCC 470-B


Object - Power exercised by Arbitral Tribunal is quasi-judicial in nature

(2018) 11 SCC 470-C


Section 19 - though Arbitral Tribunal not bound by rules of procedure contained in CPC and Evidence Act, but it is not incapitated in drawing sustenance from those rules.

(2018) 11 SCC 470-D


S.81 - Confidentiality of matters relating to conciliation proceedings - Extent of confidentiality.

(2018) 11 SCC 501

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