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Showing posts with label S 34 Arbitration Act. Show all posts
Showing posts with label S 34 Arbitration Act. Show all posts
Sunday, 15 January 2023

How to ascertain limitation in case of suo-moto correction of arbitration award?

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In the present case, the arbitral tribunal in terms of powers given under sub-section (3) of Section 33 of the Act had on its own initiative...
Saturday, 23 July 2022

Can the court permit amendment to application U/S 34 of Arbitration Act if it constitutes a fresh challenge?

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  At the outset it is necessary to bear in mind that by way of the  proposed amendment the grounds which are now being sought to be  inserte...
Saturday, 9 April 2022

Whether one party can withhold performance bank guarantee if it has acknowledged due performance of contract?

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   In view of the above, the Arbitral Tribunal had rightly directed refund of the amount recovered by BSNL from invocation of the Performanc...
Sunday, 13 February 2022

Should the court set aside an arbitral award if the arbitral tribunal has failed to consider relevant rival contentions?

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 However, the issue is not limited to interpretation of Clause 18.1 of the Concession Agreement, solely on which the impugned award, essenti...

Whether O 6 R 17 of CPC for amendment of pleading is applicable to petition U/S 34 of Arbitration Act?

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  The governing principles which are applied while considering an application under Order VI Rule 17 cannot be applied when a person seeks  ...
Tuesday, 17 November 2020

Whether the court can permit amendment of the petition filed U/S 34 of Arbitration Act?

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  From these pleadings it can be seen that since filing of the written submissions the respondent nos. 1 and 2 had disputed the agreement da...