Professional Documents
Culture Documents
AN OVERVIEW
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GENESIS OF AN ARBITRATION
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Arbitration Agreement
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Arbitration Agreement
Arbitration
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to be conducted in what language.
SAMPLE ARBITRATION CLAUSE
the Courts at New Delhi shall have sole and exclusive jurisdiction in
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Interim measures, etc., by Court.- Section 9
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Interim measures, etc., by Court.- Section 9
► and the Court shall have the same power for making orders as it has
for the purpose of, and in relation to, any proceedings before it.
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LEADING CASES
► Provision of the Arbitration Act 1996 have to be interpreted and construed differently
from the Arbitration Act 1940 as the both are different.
► In regard to section 9 and 21 interim orders can be sought from the court even before
commencement of arbitration proceedings. Issuance of notice invoking arbitration
clause to the opposite party is not a pre condition to filing application under section 9
for interim orders.
► However, before passing the interim order the court must be satisfied about existence
of arbitration agreement and the applicant’s “manifest intention” to take the matter to
arbitration. Court must pass a conditional order to ensure the effective steps are
taken by the applicant for commencing the arbitration proceedings.
► High Court should make rules consistent with the Arbitration Act regarding the matter
of filing and dealing with the application under section 9 and the documents to be
attached with the applications
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LEADING CASES
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ROUTES TO STARTING ARBITRATION
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INTERVENTION OF COURT IN ARBITRATION
Before ► Section 9
Arbitration ► Section 11
During ► Section 9
Arbitration ► Section 27
► Section 37 (2)
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Number of arbitrators – Section 10
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Appointment of Arbitrators – Section 11
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Appointment of arbitrators – Section 11 (continued)
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Appointment of arbitrators. – Section 11 (continued)
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Appointment of arbitrators – Section 11 (continued)
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LEADING CASES
Konkan Railways Corporation Ltd v Rani Construction (P) Ltd - (2002) 2 SCC 388
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LEADING CASES
► For determination of questions under section 11 (6) Chief Justice can either
proceed on basis of affidavits and documents which are produced or take
such evidence or get such evidence recorded as may be necessary.
► Designation of a District Judge as the authority under section 11 (6) of the
Act by the Chief Justice of the High Court is not warranted on the scheme of
the Act.
► Overruling Konkan Railways – There is an obligation on the Chief Justice to
issue notice to the opposite party when a application under section 11 is
moved for providing the other party an opportunity of being heard is
consonance with doctrine of “acting fairly”
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Grounds for challenge – Section 12
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Challenge procedure – Section 13
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Challenge procedure – Section 13
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Section 14 - Failure or impossibility to act --- (1) The
mandate of an arbitrator shall terminate if..