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arbitrator

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Section 34 of the Arbitration and Conciliation Act, – Disputes arose – Arbitrator passed award – filed petition to cancellation – High court declined – DB also rejected – Apex court held that As noticed above, the parties have entered into concluded contract, agreeing terms and conditions of the said contract, which was finally acted upon. In such a case, the parties to the said contract cannot back out and challenge the award on the ground that the same is against the public policy. Even assuming the ground available to the appellant, the award cannot be set aside as because it is not contrary to fundamental policy of Indian law or against the interest of India or on the ground of patent illegality.= CIVIL APPEAL NO.9048 OF 2014 (Arising out of Special Leave Petition (Civil) No.10849 of 2013) Swan Gold Mining Ltd. …Appellant (s) Versus Hindustan Copper Ltd. …Respondent(s) = 2014- Sept. Month – http://judis.nic.in/supremecourt/imgst.aspx?filename=41946

Section 34 of the Arbitration and Conciliation Act, – Disputes arose – Arbitrator passed award – filed petition to cancellation – High court declined – DB also rejected – Apex court held that As noticed above, the  parties  have  entered into  concluded  contract,  agreeing  terms  and  conditions  of  the   said contract, which was finally acted upon.  In … Continue reading

Arbitration proceedings -Court can appoint any arbitrator other than the prescribed arbitrator as per the terms of agreement – disputes between contractors and Railways – as per the terms of agreement a railway Officer was to be appointed as arbitrator – decades lapsed no award was passed – High court appointed former Chief Justice of the Sikkim High Court – challenged as invalid and beyond conditions of arbitration agreement – Apex court held thatA period of nearly two decades has elapsed since the contractor had raised his claims for alleged wrongful termination of the two contracts. The situation is distressing and to say the least disturbing. The power of the Court under the Act has to be exercised to effectuate the remedy provided thereunder and to facilitate the mechanism contemplated therein. In a situation where the procedure and process under the Act has been rendered futile, the power of the Court to depart from the agreed terms of appointment of arbitrators must be acknowledged in the light of the several decisions noticed by us. We are, therefore, of the view that no infirmity muchless any illegality or failure of justice can be said to be occasioned by the order passed by the High Court so as to warrant any interference. We, therefore, unhesitatingly dismiss this appeal filed by the appellant-railways. = CIVIL APPEAL NO.6275 OF 2014 (Arising out of SLP (C) No. 20427 OF 2013) NORTH EASTERN RAILWAY & ORS. … APPELLANT (S) VERSUS TRIPPLE ENGINEERING WORKS … RESPONDENT (S) = 2014- Aug. Part – http://judis.nic.in/supremecourt/filename=41824

    Arbitration proceedings -Court can appoint any arbitrator other than the prescribed arbitrator as per the terms of agreement –   disputes between contractors and Railways – as per the terms of agreement a railway Officer was to be appointed as arbitrator – decades lapsed no award was passed – High court appointed  former Chief Justice of the … Continue reading

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